SUN PHARMACEUTICAL INDUSTRIES Vs. CIBA GEIGY LIMITED

JUDGEMENT

(1.) . Admit. Mr. A. L. Shah, learned Advocate appearing on caveat for the plaintiffs waives service of the notice. In the facts and circumstances of the case, the appeal is taken up for final hearing today.

(2.) . This appeal is filed against an ex-parte order passed by the Assistant Judge, Baroda on 3/04/1992, granting ad-interim relief in favour of the plaintiffs under the provisions of Order 39 Rule 3 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code').

(3.) . To appreciate the rival contentions of both the parties, few relevant facts may now be stated. The plaintiffs filed a Suit in the District Court, Baroda, being Special Civil Suit No. 1 of 1992, for permanent injunction restrainirg the defendant from using in any manner, in relation to pharmaceutical or medicinal preparations, the impugned trade mark CLOFRANIL or any other distantly similar trade mark so as to infringe the trade mark registered in favour of the plaintiff No. 1, bearing No. 233145 under the style of ANAFRANIL. Alongwith the plaint, the plaintiffs file an application Exh. 5 for interim relief. It appears that the learned Assistant Judge, after hearing the learned Counsel for the plaintiffs and after perusing documents and affidavit, passed the following order :