Pradeep Nandrajog, J.

1. Suit seeking permanent injunction restraining the appellant from infringing respondents Indian Patent 212815 along with IA No.17139/2014, under Order 39 Rule 1 and 2 of the Code of Civil Procedure, came up for preliminary consideration before the learned Single Judge on September 08, 2014, on which date the appellant appeared to oppose the grant of any ad-interim injunction.

2. It is apparent that on September 08, 2014 the learned Single Judge did not have the benefit of any written statement to the plaint. Obviously, the learned Single Judge had to decide : whether case was made out to grant an ad-interim injunction on the pleadings of the respondents and the documents filed; for the reason the defence of the appellant through the medium of a written statement had yet to come on record. The action being quia timet.

3. With respect to the pleadings in the plaint the learned Single Judge has noted that the patent relates to a pharmaceutical product Vildagliptin. It treats Type 2 Diabetes Mellitus. The learned Single Judge has noted that apart from the product Patent No.212815, the respondents have three pending patent applications before the Indian Pate