PARTH PARENTERAL PVT LTD Vs. RFCL LIMITED

JUDGEMENT

(1.) Appellants in this appeal are original plaintiffs and respondents are the original defendants of Regular Civil Suit No.1 of 2010 [for short 'the suit '] filed in the Court of the District Judge, at Gandhinagar and for the sake of convenience and brevity the parties are referred to hereinafter as per their status in this appeal.

(2.) The suit is filed by the appellants for infringement of trade mark and infringement of copyright and damages. Inter -alia, it is also prayed that the respondents be restrained from passing off their goods as goods of the appellants.

(3.) In the suit, the appellants have filed application Exh.5 under Order 39, Rule 1, 2 and 7 read with Section 151 of the Code of Civil Procedure, 1908 for grant of ad -interim injunction. By order dated 6th April 2010, the learned Additional Sessions Judge and Fast Track Court No.2, Gandhinagar, has dismissed the said application Exh.5.