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2022 Supreme(Bom) 134

A. S. GADKARI
IATROS Pharmaceuticals Private Limited – Appellant
Versus
Zenlabs India 1203 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Hiren Kamod a/w Shri B.N. Poojari, Ms. Srishti Poojari, Mr. Prem Khullar and Ms. Nidhi Bangera i/by Asian Patent Law
For the Respondent: Mr. Pramod N. Patil a/w. Mr. Nikhilesh Kumar, Mr. Ajit Hon, Ms. Komal Mestry a/w. Adv. Shyamsundar Solanke i/b. PNP and Associates

JUDGMENT :

1. Plaintiff has preferred present appeal against the impugned Order dated 11.1.2018 passed below Exh.5 in R.C.S. No.1 of 2015, by the learned Adhoc District Judge, Pune, dismissing the said application for temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 .

2. Present appeal has been admitted by this Court by Order dated 6.12.2019. By an Order of even date i.e. 6.12.2019, Rule and interim relief in terms of prayer clauses 6 (i) (ii) and (iii) of the present Civil Application was also granted. Respondents challenged the said Order dated 6.12.2019 passed in present Civil Application before the Honourable Supreme Court by way of Civil Appeal No. 9481 of 2019. The Honourable Supreme Court was pleased to set aside the said Order dated 6.12.2019 and requested the High Court to hear present civil application afresh and pass a reasoned order.

3. Heard Mr. Kamod, learned counsel for the applicant/appellant and Mr. Pramod Patil, learned counsel for respondents. Perused entire record produced before me and the written submissions submitted by the learned counsel for respective parties.

4. The appellant/applicant filed a suit for infringement of its

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