VIBHU BAKHRU, J.

IA Nos. 2094/2016 and 6074/2016

1. The plaintiff (hereafter ‘Cephalon’) has filed IA no 2094/2016 under Order XXXIX Rule 1&2 CPC inter alia seeking an order restraining the defendants from using the trademark “PROVIGIL”. Defendant no 1 (hereafter ‘MPL’) has filed IA no 6074/2016 under Order XXXIX Rule 4 CPC seeking vacation of the interim order dated 12.02.2016 by virtue of which defendants were restrained from using the mark "PROVIGIL". Both the aforesaid applications were taken up and heard together.

2. Cephalon has filed the above captioned suit seeking a decree of permanent injunction restraining infringement of its trademark “PROVIGIL”, passing off, Unfair Practices and Damages against the defendants. MPL has filed its Written Statement. Although, defendant no 2 (hereafter ‘Sigma’) was served, none has entered appearance on its behalf and by an order dated 26.05.2016, Sigma’s right to file the Written Statement was closed.

3. Cephalon is engaged in the business of manufacturing pharmaceutical and medicinal preparations and specializes in drugs to treat and manage neurological diseases, sleep disorders, cancer and pain since the year 1987.

4. Cephalon claims