A.M.KHANWILKAR
Supriya Prabhu – Appellant
Versus
Janus Remedies an unregistered Partnership Firm – Respondent
1. This order will dispose of prayer for ad-interim relief prayed by the Plaintiff during the pendency of Notice of Motion.
2. After having considered the rival pleadings and the documents on record including the oral submissions made by the Counsel for the parties across the bar, the position that emerges is as follows:
The COLIVAN-D trade mark in India was registered in the name of Janus Pharma Private Limited in respect of product of pharmaceutical items included in Class 5. The said Company was in business of manufacture and dealer in ayurvedic, medicinal and pharmaceutical preparations. It was marketing several products since prior to 1980, amongst others, medicinal preparations in the name of Colivan-D tablets which is Dicyclomine HCL, Paracetamol. The Defendants 2 to 4 were associated with the said Company as Directors. It is also noticed that the husband of the Plaintiff was working as Managing Director of the said Company continuously till 16th July 1996 and was looking after marketing, sales, distribution and field work for and on behalf of the said Company. It is also noticed that there was one sister Company of the said Company in the name of Janus Remedies Private
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