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2011 Supreme(Guj) 64

ANANT S.DAVE
PARTH PARENTERAL PVT LTD – Appellant
Versus
RFCL LIMITED – Respondent


Advocates Appeared:
Mr. Mihir J. Thakore, Senior Advocate, with Mr. Rakesh Gupta with Mr. Kunan B. Naik with Ms. Pooja Gupta for M/s. Trivedi & Gupta for appellant No.1
Mr. Kamal Trivedi, Senior Advocate, with Mr. Rakesh Gupta with Mr. Kunan B. Naik with Ms. Pooja Gupta for M/s. Trivedi & Gupta for appellant No.2
Mr. Sudhir Chandra Agarwala, Senior Advocate with Mr. Hemant Singh with Mr. Abhijeet Bhattacharya with Mr. Mihir Parikh with Mr. Sandeep Singhi for M/s. Singhi & Company for respondent No.1
Mr. Shalin N. Mehta for respondent No.2 and 3

JUDGMENT

1. Appellants in this appeal are original plaintiffs and respondents are the original defendants of Regular Civil Suit No.1 of 2010 [for short the suit] filed in the Court of the District Judge, at Gandhinagar and for the sake of convenience and brevity the parties are referred to hereinafter as per their status in this appeal.

2. The suit is filed by the appellants for infringement of trade mark and infringement of copyright and damages. Inter-alia, it is also prayed that the respondents be restrained from passing off their goods as goods of the appellants.

3. In the suit, the appellants have filed application Exh.5 under Order 39, Rule 1, 2 and 7 read with Section 151 of the Code of Civil Procedure, 1908 for grant of ad-interim injunction. By order dated 6th April 2010, the learned Additional Sessions Judge & Fast Track Court No.2, Gandhinagar, has dismissed the said application Exh.5.

4. The appellants are the Companies incorporated under the Companies Act, 1956 and appellant No.1, Parth Parenteral Private Limited is hereinafter referred to as PPPL and appellant No. 2, Pearl Drugs Private Limited, as PDPL

5. The case of the appellants is briefly stated hereunder:

5.1. P











































































































































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