ORCHID HEALTH CARE Vs. AGLOWNED LTD

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondent 1st set, Respondents 2nd set although have entered appearance but no one appears on their behalf in the matter.

(2.) These two Miscellaneous Appeals have been filed against the orders dated 2-12-2004 and 29-4-2006, passed by the Additional District Judge XI, Patna in Title Suit No. 14 of 2001, by the earlier of which order he has granted ad-interim injunction in favour of the plaintiff-respondent 1st set restraining the defendants-appellants from using the trade mark AVASTIN till the disposal of the case under Order 39. Rule 1 and 2 of the Code of Civil Procedure, and by the subsequent order he has extended the order dated 2-12-2004 till the disposal of the suit.

(3.) The title suit was filed by the plaintiff-respondent 1st set praying for declaration that the defendants are indulging in the act of passing off their product as of the plaintiff and further for seeking permanent injunction restraining the defendants from using the trade mark AVASTIN for marketing their product or any other mark, which is similar to it in respect of medical and pharmaceutical products and for further consequential reliefs.