G.S.SISTANI
NIROG PHARMA PVT LTD. – Appellant
Versus
UMESH GUPTA – Respondent
G.S. SISTANI, J.
1. None for the defendants. Written Statement has also not been filed; despite summons having been issued as far back as 24.08.2015, service effected on 05.12.2015 and vakalatnama filed on behalf of the defendants on 19.01.2016. The counsel for the plaintiff prays that the present case may be decreed by invoking the provisions of Order VIII Rule 10 of the Code of Civil Procedure. He further submits that there are sufficient documents on record and also the fact that the plaint is supported by an affidavit of the plaintiff, thus, it is not necessary to lead evidence.
2. The plaintiff has instituted the present suit praying inter alia for permanent injunction against the defendants restraining them from infringing its trademark, copyright, passing off, rendition of accounts, delivery up, damages etc.
3. As per the plaint, the plaintiff company has been engaged in the business of manufacturing and selling ayurvedic medicines, non-medicinal products, confectionary etc. since 1985 through its predecessor M/s Nirog Pharmacy, a sole proprietorship of Mr. Anil
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