CADILA HEALTHCARE LIMITED Vs. BIOLOGICAL EVANS LIMITED

JUDGEMENT

(1.) Dr. R.H. Acharya, learned Advocate appearing for the respondent waives service of notice of Rule. With consent of the learned Advocates for the parties, this Civil Application is heard finally today.

(2.) Upon perusal of the impugned order, in my opinion, no case has been made out for grant of interim relief as prayed for in this application. However, looking to the facts of the case, it would be just and proper to direct the respondent to furnish certain details with regard to sale, manufacture and stock of the product in question and labels used by the respondent for the product in question. Before 15th day of every month, the following accounting details with regard to production, sale etc. of the drug in question during the previous month shall be furnished to the trial court. The said details should be certified to be true by the statutory auditor of the respondent company. (i) Total quantity of the drug in question manufactured during the month; (ii) Details with regard to sale of the drug in question during the month with details of quantity sold with names of buyers; (iii) Stock of the drug in question as on the last day of every month. (iv) Stock of labels as on the last day of every month and details of labels used/purchased/procured/printed during the month.

(3.) Learned Advocates appearing for the parties have prayed for an early disposal of the suit. Looking to the facts of the case, it would be just and proper to see that the trial is concluded expeditiously. It is hoped that the trial will be concluded on or before 30th June, 2000. The learned Advocates assure that the parties will extend full cooperation to the trial court to see that the suit is disposed of at an early date. Needless to say that the observations made by the trial court are tentative and while deciding the case, the trial court shall look into the entire evidence which might be adduced during the trial.