FIRST Vs. SECOND

JUDGEMENT

(1.) THE plaintiff / applicant has filed O.A.No.511 of 2011 & A.No.3077 of 2011, praying therein as under:

(2.) THE plaintiff / applicant filed a suit for permanent injunction, restraining the defendant from disseminating wrong or misleading information that Nimesulide formulations are banned in India, or from disseminating any other misleading information in any manner either directly or indirectly by means of allusion or insinuation in their pamphlets, newspaper advertisement, television commercials, internet website publications, handouts, brochures, user manual or any other promotional literature and / or publicity materials. THE prayer is also made for issuance of mandatory injunction, directing the defendant to surrender to the plaintiff for destruction brochures, handouts, user manuals, advertisements, CDs, print materials, pamphlets, screen prints, promotional literature, schemes or such other material containing wrong or misleading information about Nimesulide formulations. Prayer is also made for issuance of mandatory injunction, directing the defendant to issue a corrigendum stating that Nimesulide as such has not been banned in India and the Notification dated 10.02.2011 issued by the Ministry of Health and Family Welfare only prohibits the manufacture, sale and distribution of Nimesulide formulations for human use in children below 12 years of age.

(3.) IT is the case of the plaintiff that notification dated 10.02.2011 was challenged in two writ petitions filed by the Confederation of Indian Pharmaceutical Industry and the Indian Drug Manufacturers Association in this Court, wherein, the interim order was passed: