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2008 Supreme(Guj) 442

M.R.SHAH
Lark Laboratories Ltd. – Appellant
Versus
Nabros Pharma Pvt. Ltd. – Respondent


Advocates:
Appearance :
Mr. B.R. Gupta, for the Appellant No. 1.
Mr. S.N. Soparkar, Sr. Advocate with Mr. Y.J. Trivedi, Mr. Jatin Y. Trivedi, Mr. Hashit Tolia, Ms. Jayshri H. Padhya and Mr. Tejas Trivedi, for the Respondent No. 1.

Judgment

M.R. Shah, J.—Present Appeal from Order under Order XLIII Rule 1(r) of the Code of Civil Procedure is arising out of the impugned order dated 02.03.2007 passed by the learned Judge of the City Civil Court, Ahmedabad below Exhibit 6 and 7 in Civil Suit No. 1735 of 2006 by which the learned Chamber Judge has allowed the said Notice of Motion granting injunction in favour of the respondent herein - original plaintiff (hereinafter referred to as ‘the plaintiff’) and against the appellant herein - original defendant (hereinafter referred to as ‘the defendant’) restraining the defendants, its proprietor, partners and directors, as the case may be, their servants, agents, dealers, stockists and distributors from manufacturing, marketing, advertising, selling and exporting its tablets used in plain, inflammation and fever under the impugned trade-mark BOLAREN along with its copyrights subsist in its artwork of the label packages etc. and any other trade-mark along with its copyrights which may be identical and/or deceptively similar as that of the plaintiff’s registered trade-mark DOLAREN along with its copyrights subsist in its artwork of the label, packages etc. and they are also








































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