ACME PHARMACEUTICALS Vs. TORRENT PHARMACEUTICALS LTD

JUDGEMENT

(1.) The appellant original defendant I.e. ACME Pharmaceuticals, Ahmedabad has filed this Appeal From Order challenging the judgment and order dated 30.11.2006 passed by the learned City Civil Judge, Ahmedabad below an application Exh.6 in Regular Civil Suit No.4703 of 2000 whereby the notice of motion application taken out by the original plaintiff present respondent was allowed and the appellant was restrained from using his trademark 'AROXIL' in respect of the drug 'CEFADROXIL'. The trademark of the respondent plaintiff is 'DROXYL' in respect of the same drug and obtained from drug 'CEFADROXIL'.

(2.) Initially, Appeal From Order came to be heard on 21.12.2006. It was agreed between the parties that they Harshits Tolia, YJ Trivedi, RR Shah would supply necessary documents and matter would be heard finally. Mr. Y.J. Trivedi, learned advocate appeared for the appellant and Mr. R.R. Shah, learned advocate appeared on Caveat for the respondent. The order passed by the learned City Civil Judge was stayed. Thereafter, the matter came to be placed for hearing on several occasions and ad-interim relief granted earlier was extended from time to time. This ad-interim relief is still in existence.

(3.) The brief facts giving rise to the present Appeal From Order are that the appellant is sole proprietary concern and engaged in the business of manufacturing and dealing with the pharmaceuticals and medicinal preparations and is one of the well established pharmaceutical Companies in India, which markets drug formulation. The appellant has acquired very high reputation because of its quality of the drug and efficiency. The product manufactured by the appellant enjoys very high reputation amongst the medical practitioners, traders, consumers and the public and the said preparation is also sold all over the country. The appellant has adopted various trade marks for its products. Amongst various marks adopted by the appellant, the trade mark AROXIL is used since 1996 in respect of its product containing the drug CEFADROXIL. The appellant has applied for permission from the Food & Drug Administration for manufacturing the said Product and the Drug department has also issued necessary license in this respect since 1996.