RANBAXY LABORATORIES LIMITED Vs. CHERRYB PHARMA

JUDGEMENT

(1.) THE present notice of motion has been taken out by the plaintiff in a suit filed for invoking the provisions of Trade and Merchandise Marks Act, 1958 (for short Trade Mark Act) and Copyright Act 1951 (for short copyright Act) and claimed a permanent injunction restraining the defendant, its partners and proprietary licence as the case may be , its servants and agents, distributors stockists and the like from manufacturing marketing, selling, offering for sale, advertising, directly or indirectly or dealing in any manner in any medicinal or pharmaceutical preparation in any form bearing the trademark "rewital" and/or using the said trademark "rewital" complained of and/or any other trade mark which is deceptively similar to the trade mark 'revital" similar to that of the plaintiff and amounts to passing off, till the final disposal of the suit. The plaintiff's trade mark is "revital" and therefore, has challenged the defendant's marketing, use and seal of trade mark " REWITAL". By order dated 19th December, 2003 on this notice of motion, the learned Single Judge after considering the material on the record granted ad interim relief in terms of prayer clause (a) except portion bracketed in red. The said prayer clause (a)was granted without notice to the defendant. The leave to amend the suit as well as notice of motion itself, the ad interim relief has been in operation since then.

(2.) BY an order dated 7th June, 2004, the leave has been granted to move the court for seeking substitute service. The plaintiffs has filed on the record the affidavit of I. C. Patel dated 21st September, 2004, in support of proving service of notice of motion upon the defendant by way of affixing the notice on the board of high Court. The notice of motion has been called out for final hearing. None appeared for the defendant again.

(3.) HEARD the learned Counsel, Mr M. P. S. Rao, appearing for the plaintiff and with his assistance I have gone through the plaint, annexures to the plaint and the affidavit in support of the notice of motion.