CADILA HEALTHCARE LTD Vs. BIOCHEM PHARMACEUTICAL INDUSTRIES LTD

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner - original plaintiff has prayed for an appropriate order of interim injunction restraining the respondents from selling, manufacturing and marketing products under trademark 'cipbid' and / or any other trademark which is deceptively similar or imitation of the petitioner's trademark 'ciprobid' and from using the shape and colour of tablets, strip and packaging which is colourable imitation or substantial reproduction of the petitioner's produce 'ciprobid', either directly or through their Directors, Proprietor, partners, employees, agents, stockists, distributors, dealers and retailers, as prayed for in the application for injunction - Exh. 5 in Civil Suit No. 3 of 2007 pending in the Court of learned Additional District Judge, Ahmedabad (Rural ).

(2.) IT appears that the petitioner - plaintiff had filed Civil Suit No. 3 of 2007 against the respondents - defendants for declaration and permanent injunction and in the said suit, the petitioner - plaintiff preferred application Exh. 5 for interim injunction and the learned Additional District Judge, Ahmedabad (Rural) issued only Notice vide order dated 02. 08. 2007 making it returnable on 10/8/2007. As ad-interim injunction was not granted and only Notice was issued, the petitioner has preferred present Special Civil Application for the aforesaid relief.

(3.) BY order dated 26/10/2007 the learned Single Judge issued Rule and continued ad-interim relief granted earlier. Ad-interim relief granted earlier in terms of para 4 (B) vide order dated 8/8/2007 passed by the learned Single Judge has been continued till date.