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J.C.UPADHYAYA
Sun Pharmaceuticals Industries Ltd. – Appellant
Versus
West Coast Pharmaceuticals Works Ltd. – Respondent
J.C. Upadhyaya, J.—The challenge in this Appeal From Order is to the order dated 23.1. 2012 passed by the Ld. Chamber Judge, City Civil Court, Ahmedabad, in Notice of Motion Exs. 6/7 and 16 in Civil Suit No. 2800/2011. The Ld. City Civil Judge [hereinafter referred to as ‘the trial Court’] by impugned order dated 23.1.2012 dismissed the temporary injunction application filed by the appellant original plaintiff and further ordered that the ad interim relief earlier granted in the said matter stood vacated forthwith. Feeling aggrieved and dissatisfied with the impugned order passed by the trial Court. the original plaintiff preferred this appeal. Therefore, the appellant is original plaintiff and the respondents are original defendants and for the sake of convenience, the appellant and the respondents shall be hereinafter referred to as ‘the plaintiff and ‘the defendants’ in this judgment.
2. The plaintiff filed the above referred suit against the defendants seeking decree for permanent injunction as well as the decree for damages directing the defendants to give true and correct account of manufacturing and sale of the product under the trademark “ACICAL” to the trial Court a
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