1. The plaintiff, namely, Troikaa Pharmaceuticals Ltd., has filed Regular Civil Suit No.2486 of 2007 in the City Civil Court at Ahmedabad praying for permanent injunction restraining the defendants, their servants, agents, dealers, distributors, stockists from manufacturing, marketing and using the impugned design registered under No.186992 in Class 28 on 16.10.2001 in respect of D Shape Tablet and/or any tablet, which is having similar shape and configuration or material reproduction of the plaintiff's registered design. The plaintiff has also prayed for permanent injunction restraining the defendants from printing, publishing, using, marketing, coping or imitating the impugned design of tablet, its drawings and parts thereof and restraining them from committing infringement of the design of the plaintiff. The plaintiff has also prayed for direction to the defendants to pay the sum of Rs.50,000/- for the damage caused to the plaintiff on account of infringement of the plaintiff's registered design and also order the defendants to render true and correct account of the goods manufactured and sold by the defendant after notice and after verifying the same, to pass a decree of such amount of profit earned by the defendants. Lastly, the plaintiff has prayed for the direction to the defendants to hand over blocks, dyes, patterns, parts thereof and drawings of the product which are used manufactured and marketed by them, which is infringement of the registered design of the plaintiff. All such material should be given to the plaintiff for destruction.

2. The plaintiff has also moved an injunction application in the said suit praying for temporary injunction restraining the defendants, their agents, servants, dealers, distributors, stockists for manufacturing, marketing and using the impugned design registered under No.186992 in Class 28 on 16.10.2001 in respect of D Shape Tablet and/or any tablet, which is having similar shape and configuration or material reproduction of the plaintiff's registered design. The plaintiff further prayed to grant temporary injunction restraining the defendants, their servants, partners, agents, dealers, distributors, stockists from printing, publishing, using, marketing, coping or imitating the impugned design of tablet, its drawings and parts thereof and restraining them from committing infringement of the design of the plaintiff.

3. The City Civil Court, Ahmedabad has issued process and granted ad-interim relief in terms of para 22(A) of the injunction application.

4. On notice being served on the defendants, the defendants moved an application for cancellation of design under Section 19 of the Design Act. The plaintiff, therefore, moved an application Ex.27 before City Civil Court, Ahmedabad stating therein that in view of Section 22 of the Designs Act, 2000 the suit is required to be transferred to this Court. The City Civil Court, Ahmedabad, vide its order dated 5.2.2008 passed below an application Ex.27, transferred the said suit to this Court and it is renumbered as Civil Suit No.1 of 2008. Ad-interim relief granted by the City Civil Court and extended by this Court continued till this date.

5. It is the case of the plaintiff that the plaintiff is a company incorporated under the Companies Act, 1956 and is carrying on the business of manufacturing and marketing pharmaceutical and medicinal preparation and surgical goods. With a view to acquire a good market, the plaintiff have innovated, invented and developed a unique design for tablet sold under trademark DYNAPAR. The defendant No.1 is also a company engaged in the business of manufacturing and marketing pharmaceutical and medicinal preparation at Haridwar. The defendant No.2 is selling product of defendant No.1 in the City of Ahmedabad.

6. The plaintiff with a view to distinguish its shape of product from the product of others has adopted a unique design and configuration of the tablet called D Shape Tablet and to protect the said d