AJANTA PHARMA LIMITED Vs. PRAHEM LABORATORIES LLP

JUDGEMENT

(1.) Mr. Khandekar, the learned Counsel for the Applicant/Plaintiff, moves for ex-parte ad-interim relief without notice to the SHARAYU PANDURANG Defendant. Considering the averments in the Plaint and KHOT particularly in paragraph 19 thereof, I am satisfied that sufficient grounds have been made out for consideration of the prayer for ex-parte ad-interim relief.

(2.) It is stated in paragraphs 1 and 3 of the plaint that the Plaintiff is a company incorporated under the Companies Act, 1956 and carries on an old, established and reputed business as a manufacturer, marketer, seller, exporter and/or trader inter-alia of pharmaceutical and medicinal preparations. It is stated that the Plaintiff is an ISO certified pharmaceutical company manufacturing a number of over the counter and ethical formulations and products and is marketing the same in India as also in more than 30 other countries across the globe.

(3.) It is stated in paragraph 5 of the plaint that in or about April, 2004, the Plaintiff honestly, independently and bonafidely adopted the trade mark ZAHA upon and in relation to its pharmaceutical and medicinal preparation to treat various types of bacterial infections in adults and children. Specimen packaging of the Plaintiff's said goods bearing the said trade mark is annexed to the plaint at Exhibit A. It is stated that on 27/4/2004, the Plaintiff applied for and eventually obtained registration of the trade mark ZAHA under the Trade Marks Act, 1999 under Registration No. 1281012 in Class 05 in respect of pharmaceutical and medicinal preparations. Copies of the certificate of registration and latest renewal certificate of the said trade mark are annexed to the Plaint at Exhibits "B-1" and "B-2".