Siddharth Mridul, J.

1. The appellants/plaintiffs have come up in this appeal being aggrieved by the order dated 02.12.13 passed by a learned Single Judge of this court in IA Nos. 16701/2011 and 485/2012 in CS (OS) 2596/2011. By way of the impugned order the interim injunction granted to the appellant/plaintiff vide order dated 18.10.2011 has been vacated.

2. Facts necessary to adjudicate the present appeal are briefly stated in the succeeding paragraphs:

3. The appellant is a pharmaceutical company incorporated under the Companies Act, 1956 which markets drugs and formulations in India and over 30 countries in the world under a wide range of distinctive trademarks/brand names for the last several years. The appellant had an annual turnover of Rs.4000 crores for the year 2007-08 in the manufacturing of specialty pharmaceuticals and active pharmaceutical ingredients. One of the medicinal preparations marketed by the appellant is Oxcarbazepine, an anticonvulsant and mood stabilizing drug used in the treatment of epilepsy and bipolar disorder under the trade mark OXETOL.

4. The appellant has been preparing and marketing this drug extensively and commercially since October