MACLEODS PHARMACEUTICALS LTD Vs. ALEMBIC LIMITED

JUDGEMENT

(1.) This Appeal from Order arises from an order dated 29.05.2008 passed below Ex. 5 in Civil Suit No. 18 of 2008 whereby the Additional District Judge, Vadodara has passed an ad -interim injunction against the present appellant in terms of paras 38[a] and 38[b]of the injunction application (Ex. 5). The said paragraphs 38[a] and 38[b] read thus:

(2.) The appellant, being aggrieved by the said order has approached this Court by the captioned appeal. The appellant has, essentially raised serious grievance against the impugned order on the ground that there was no basis or justification for the learned court to grant exparte injunction without issuing notice before granting the injunction, and that too without recording reasons as contemplated by and required by the provision of Rule 3 of Order 39 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code'). The appellant has prayed that the said order may be quashed and set aside.

(3.) The appellant has raised below mentioned question of law, which according to the appellant, arise from the impugned order.