MANMOHAN SINGH
WIN-MEDICARE PVT LTD. – Appellant
Versus
GALPHA LABORATORIES LTD – Respondent
MANMOHAN SINGH, J.
1. By way of this order, I propose to decide two pending applications, one being I.A. No.22711/2014 under Order XXXIX Rule 1 and 2 CPC filed by the plaintiff and another being I.A. No.26365/2014 under Order XXXIX Rule 4 CPC filed by the defendants for vacation of the interim order passed on 14th November, 2014.
2. The plaintiff has filed the suit for permanent injunction restraining infringement of trademark, copyright, passing off, delivery up, rendition of accounts of profit, damages, etc. against the defendants.
3. Brief facts of the case as per the plaint are:-
(i) The plaintiff Company was incorporated in the year 1981 and is engaged inter alia in the business of manufacturing, distributing and marketing of high quality pharmaceutical preparations.
(ii) The plaintiff’s key therapeutic segments include antiseptics, analgesics, gastroenterology, gynaecology, dermatology and neurocare and protein supplements. Some of the pharmaceutical preparations manufactured/marketed by the plaintiff are available in the market under well-known trademarks such as
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