(July 30, 2001) 2001 (TLS)125497

2001-DLT-93-247

AVIAT CHEMICALS PRIVATE LIMITED Vs. INTAS PHARMACEUTICALS Limited

A. K. Sikri

( 1 ) I. A. No. 12230/2000 is an application filed by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151, CPC for grant dad-interim injunction. In this application, order dated 9/02/2001 has been passed restraining the defendant in terms of para 15 of the I. A. till further orders. I. A. No. 3035/2001 is filed by the defendant under Order XXXIX Rule 4, CPC for vacation of the order dated 9/02/2001. Accordingly, both these applications were heard together and are disposed of by this common order.

( 2 ) PLAINTIFFS are the two companies incorporated under the Indian Companies act which are carrying on business, inter alia, as manufacturers and dealers of pharmaceutical and medicinal preparations. Amongst other, one of the drugs of the plaintiff No. 1 is LIPICARD. It is stated in the plaint that in January,1997 the plaintiff no. 1 had conceived and invented the trade mark LIPICARD for its medicinal and pharmaceutical prepartions and filed application on or about 9/06/1997 for registration of the trade mark LIPICARD under No. 74245