ULINK AGRITECH PVT. LTD. Vs. SML LIMITED

JUDGEMENT

(1.) In this OSA though the appellant has challenged a common order dt. 12/1/2024 passed in OMP no.43 of 2024 and OMP no.34 of 2024 in COMS no.3 of 2024, the counsel for the appellant had confined this appeal only to the order dt. 12/1/2024 in OMP no.34 of 2024. Therefore, we permit the appellant to challenge only the said order in this OSA.

(2.) The impugned order is an ex-parte ad-interim injunction granted by the learned Single Judge in favour of the 1strespondent/plaintiff, restraining the appellant (defendant no.3) and others defendants etc. from infringing the patent rights of the 1strespondent/plaintiff under Indian Patent No.282092 in any manner including by advertising, marketing and/or selling such product by and through any website(s)/e-portal(s), itself or 3rdparty or any other mode, launching, making, using, offering for sale, selling, importing and/or exporting any product including "SELZIC" or any other product covered by the suit patent IN-282092 granted on 30/3/2017 to the 1strespondent, while directing compliance under Order 39 Rule 3 CPC.

(3.) The appeal was admitted on 1/8/2024 in the presence of Senior Counsel for the 1strespondent after hearing the matter on admission and CMP no.12083 of 2024 was listed on 7/8/2024 for hearing.