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2021 Supreme(Mad) 2709

MUNISHWAR NATH BHANDARI, P.D.AUDIKESAVALU
Cipla Limited – Appellant
Versus
Sun Pharmaceutical Industries Ltd, Chennai – Respondent


Advocates Appeared:
For the Appellant :P.S. Raman, Senior Counsel appearing, K. Premchandar, Advocate.
For the Respondent:Satish Parasaran, Senior Counsel appearing, Rajesh Ramanathan, Advocate.

JUDGMENT :

(Prayer: APPEALS under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Madras High Court Letters Patent and Section 13(1-A) of the Commercial Courts Act, 2015 against the common order dated 07.10.2021 in A.Nos.3501 to 3503 of 2021 and OA.Nos.281 to 283 of 2021 in C.S.(Comm.Div.) No.176 of 2021.)

1. We have heard the respective learned Senior Counsel appearing for both parties.

2. The challenge made is to the common order dated 07.10.2021 passed by the learned Single Judge whereby, in paragraph 7, with regard to use of the words 'RESPULES, BUDEFEX and DUOZ', it was held that the claim of the plaintiff - appellant herein to use the same exclusively was an issue, which could be decided only after trial and that there should be no restraint order. It was also held in paragraph 8 that all the other interim orders passed restraining the defendant - respondent herein stood modified.

3. The case has a chequered history with reference to the suit filed by the appellant herein - plaintiff. An ad-interim injunction was granted by the learned Single Judge, which was challenged by the defendant - non appellant, by filing OSA(CAD) Nos.8 to 13 of 2021. By a common

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