MACLEODS PHARMACEUTICALS LIMITED Vs. AAREEN HEALTHCARE PRIVATE LIMITED

JUDGEMENT

(1.) This order disposes of the present application, preferred by the plaintiff Macleods Pharmaceuticals Limited under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC). An ad interim order already stands passed in favour of the plaintiff on 13/4/2022. Ms. Sahadeva prays for confirmation of the ad interim order while Mr. Umesh Mishra, appearing for defendants Aareen Healthcare Private Limited prays for its vacation thereof.

(2.) I have heard both learned Counsel at some length and perused the material on record.

(3.) The plaintiff is, admittedly, the registered proprietor of the trademark "SETFRAC", whereunder the plaintiff manufactures and sales Cissus Quadrangularis Capsules, which are intended for healing bones and providing respite from pain and inflammation resulting from weakening of bones. The plaintiff manufactures, clears and sales the said drug both as "SETFRAC" as well as "SETFRAC PLUS".