A.K.SIKRI
GLAXO GROUP LIMITED – Appellant
Versus
VIPIN GUPTA – Respondent
A. K. SIKRI, J.
( 1 ) IA No. 1204/2006 is filed by the plaintiff under Order 39 rules 1 and 2 of the Code of Civil Procedure seeking ad interim injunction. Vide order dated 2nd February, 2006 injunction in the following terms was granted:
"after perusing the documents on record and comparing the two products of the plaintiff and that of the defendants, I am of the view that plaintiffs made out a case for ex parte ad interim injunction. The defendants, their directors, principal officers, servants, agents and representatives, etc. are restrained from manufacturing, selling, offering for sale advertising, directly or indirectly dealing in medical and pharmaceutical products beta VAT, BETA VAT-N or CORINAL and SGS LOGO or under any other mark deceptively similar to the plaintiffs' trade marks betnovate, CROCIN and GSK LOGO till the next date of hearing. "
On service of notice on the defendants the defendants has filed IA No. 4487/2006 under Order 39 Rule 4, CPC praying that the aforesaid injunction be vacated. That is why both the applications were heard together and are being disposed of by this common order.
( 2 ) THE plaintiff has filed the instant suit for permanent injunction res
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