K.A. Puj, J.—The appellant - original defendant I.e. ACME Pharmaceuticals, Ahmedabad has filed this Appeal From Order challenging the judgment and order dated 30.11.2006 passed by the learned City Civil Judge, Ahmedabad below an application Exh.6 in Regular Civil Suit No. 4703 of 2000 whereby the notice of motion application taken out by the original plaintiff - present respondent was allowed and the appellant was restrained from using his trademark “AROXIL” in respect of the drug “CEFADROXIL”. The trademark of the respondent - plaintiff is “DROXYL” in respect of the same drug and obtained from drug “CEFADROXIL”.

2. Initially, Appeal From Order came to be heard on 21.12.2006. It was agreed between the parties that they would supply necessary documents and matter would be heard finally. Mr. Y.J. Trivedi, learned Advocate appeared for the appellant and Mr. R.R. Shah, learned Advocate appeared on Caveat for the respondent. The order passed by the learned City Civil Judge was stayed. Thereafter, the matter came to be placed for hearing on several occasions and ad-interim relief granted earlier was extended from time to time. This ad-interim relief is still in existence.

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