TORRENT PHARMACEUTICALS LTD. Vs. COMED CHEMICALS PVT. LTD.

JUDGEMENT

(1.) This Appeal from Order filed under Order 43 Rule 1(r) of the Code of Civil Procedure arises out of an order below notice of motion, order dated 09.02.2000 passed by the Chamber Judge, Court No. 17. By the aforesaid order, the learned Chamber Judge vacated the interim relief granted earlier in favour of the appellant - plaintiff in Regular Civil Suit No. 471 of 2000.

(2.) The facts in brief are as under:

(3.) The cause of action for the plaintiff to file a suit under the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as "The Trade and Merchandise Act") occurred, as according to the plaintiff, since the last week of November 1999, the defendant introduced its product under the identical and/or deceptively similar brand name "CODROXIL". It was contended that, therefore, the plaintiff was a prior user of the brand and that the defendant had adopted a deceptively similar brand name, and thus they were guilty of passing off action of infringement and trade mark under the Trade Marks Act.