GLAXO INDIA LIMITED Vs. EUDORA LABORATORIES PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is directed against the order dated 1st October, 1997 whereby the prayer of the appellant/plaintiff for grant of injunction pending the suit restraining the respondent/defendant from using the trade mark BUPAR was dismissed by a detailed order, It is not in dispute that when the matter was heard and decided by learned Single Judge the stand of the respondent/defendant was not on the suit record as the defendant had neither filed written statement nor reply to the application nor any documents, and the order in appeal was passed after hearing parties on the first date of hearing. A perusal of the order shows that various factual aspects were gone into such as the defendants being in continuous sale of more than 9 years. The plaintiff/appellant had no opportunity to rebut the stand of the respondent.

(2.) In view of the aforesaid state of affairs learned Counsels for the parties agree that the order in appeal may be set aside and IA 8159/97 be heard afresh by learned Court trying the suit as now the pleadings in the suit are complete.

(3.) In view of the above, the appeal is allowed. The impugned order is set aside. The application IA 8159/97 will be decided afresh by learned Single Judge. The parties will appear before the learned Single Judge on 2nd December, 1998. Appeal allowed.