JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

I.A. 5841/2022 (for stay)

2. The present suit under sections 134 and 135 of the Trade Marks Act, 1999 (hereinafter `Act') for permanent injunction restraining passing off, rendition of accounts, damages, etc. has been filed by the Plaintiff-M/s Saga Lifesciences Limited. The Plaintiff seeks to protect the mark "ULTRAMOL" used by it in respect of pharmaceutical preparations. The products of the Plaintiff sold under the brand "ULTRAMOL" are paracetamol preparations in different dosage forms. The grievance of the Plaintiff in the present case is that Defendant No.1 is also selling identical products under the mark "ULTRAMOL" in different dosage forms of the same medicine, i.e., paracetamol.

3. The case of the Plaintiff is that it adopted the mark "ULTRAMOL" in several variants and obtained an approval from the Food and Drugs Control Authority (FDCA), Gujarat (hereinafter "Drug Authority") for manufacturing and marketing of products under the mark "ULTRAMOL" as on 28th November, 1991. The Plaintiff launched the products under the said mark in the market in 1992. According to the Plaintiff, product