LARK LABORATORIES INDIA LIMITED Vs. MEDICO INTERPHARMA LIMITED

JUDGEMENT

(1.) The original defendants of Civil Suit No. 4857 of 1995 pending on the file of Court No.13, City Civil Court, Ahmedabad, have by preferring this appeal under Sec.104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908, challenged an order dated 22/7/1995 passed below application Ex.6 by which the defendant No.2, its agents and employees etc. have been restrained temporarily till final disposal of the suit from manufacturing, marketing its drugs, medicines, or pharmaceutical preparations under the tread mark "POLYMOX" and also from advertising the drugs, medicines and pharmaceutical preparations under the impugned trade mark "POLYMOX", and also from using the impugned trade mark with identical and/or deceptively similar other trade mark.

(2.) The facts leading to this present appeal in a nutshell are as follows:

(3.) At the initial stage, the learned Judge of the trial Court granted an ad-interim injunction in terms of Para 19(a) of the application Exh.6 till disposal of the said Notice of Motion.