WOCKHARDT LIMITED Vs. DUA PHARMACEUTICAL PRIVATE LIMITED

JUDGEMENT

(1.) This order shall dispose of an application under Order 39 Rule 1 & 2 as well as I.A. No.836/94 in Suit No. 208/94.

(2.) The plaintiff seeks ad-interim injunction for restraining defendants, their servants, stockists, distributors, agents and retailers etc. from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in pharmaceutical preparations under the impugned trade mark "SPASMA PROXY-N" and its deceptive carton and blister packs or from using any trade mark/marks and/or cartons which are identical to or deceptively similar to the plaintiffs trade mark "SPASMO PROXYVON" and further from doing any other thing as is likely to lead to passing-off its goods and business as the goods and business of the plaintiffs.

(3.) According to the plaintiffs version the plaintiff company is a limited company duly incorporated under the Indian Companies Act, 1956 and the suit has been filed by Shri Khozem M. Mirza its duly constituted attorney vide Power of Attorney dated 11th October, 1993. The plaintiffs commenced its business in the year 1963 and is one of the leading manufacturers of pharmaceutical and medicinal preparations in India, marketing a wide range of pharmaceutical preparations, bio-agro products, bulk drugs and food supplement for the past three decades.