ORDER

Both the miscellaneous petitions arises out of the order dated 10.11.2021 passed in Commercial Suit No.16/21 by Commercial Court, Indore, therefore, they are finally heard and being decided by this common order.

01. Under Article 227 of the Constitution of India, M.P. No.5001/2022 has been preferred by the plaintiff & M.P.No.6127/2022 has been preferred by the defendant no.1.

02. The facts necessary for the disposal of these petitions are that the petitioner of M.P.No.5001/2022 filed a Commercial Suit No.16/21 before the Commercial Court, Indore, District – Indore on 04.03.2021 impleading the petitioner of M.P.No.6127/2022 as defendant no.1 and Unisafe Bioscience Pvt. Ltd. as defendant no.2 under Order 7 Rule 1 of the CPC, 1908 r/w Section 55 of the Copyright Act, 1957 seeking the following relief :-

(a) for perpetual injunction restraining the defendatns no.1 & 2, its agents, servants, dealers, representatives and all other persons on their behalf from infringing/offending or violating the plaintiff's Artistic work of ENERZY powder and from printing, publishing, reproducing or otherwise dealing in the said artistic work of ENERZY or any other i