GALDERMA S.A. Vs. VELITE HEALTHCARE

JUDGEMENT

(1.) Present application has been filed under Order 8, Rule 10 read with Order 13-A Rules 3 and 6(1)(a) read with Section 151 Civil Procedure Code.

(2.) It is pertinent to mention that the present suit has been filed seeking a permanent injunction restraining infringement of trade mark, copyright, passing off etc. against the defendant. At the outset, learned counsel for plaintiff stated that he is pressing only prayers 27(a) to (c) of the plaint. The said prayers are reproduced here in below:-

(3.) The defendant was served with summons in the suit on 15th February, 2017 and was therefore statutorily required to file its written statement by 17th March, 2017 or latest by 15th June, 2017. The defendant was proceeded against ex-parte on 20th April, 2017. On the said date, the Court also granted an interim injunction in the plaintiff's favour and restrained the defendant from using the impugned trade mark/name CETAVEL during the pendency of the proceedings. Till date, the defendant has neither entered appearance nor filed its written statement.