IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 18433 of 2004(T) -------------------------- PETITIONER(S): --------------- M/S. REO PHARMACEUTICALS, K.P.NAMBOODIRI'S SHOPPING COMPLEX, IIND FLOOR SHORNUR ROAD, THRISSUR-1, REPRESENTED B ITS CHIEF EXECUTIVE, SRI.ARAVIND PALERI. BY ADV. SRI.SATISH MURTI SMT.UMA MURTHI SMT.BAGYASREE NAMBRON RESPONDENT(S): --------------- 1. THE DRUGS CONTROLLER AND LICENSING AUTHORITY, TRIVANDRUM. 2. THE DRUGS INSPECTOR, MALAPPURAM. 3. M/S. OPTHO REMEDIES PVT.LTD., REPRESENTED BY ITS DIRECTOR MR.RAJESH AGARWAL. 4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, TRIVANDRUM. GOVERNMENT PLEADER FOR R1,2&4 SRI.P.K.RAMKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS; P1: TRUE COPY OF APPLICATION DT.8.3.2004 BY THE PETITIONER FOR REGISTRATION OF THE TRADE MARK OXYMET. P2: TRUE COPY OF NOTICE DT.23.10.2003 ISSUED BY R2. P3: TRUE COPY OF LETTER DT.30.10.2003 ISSUED BY PETITIONER TO R1. P4: TRUE COPY OF SEARCH REPORT ISSUED BY TRADE MART REGISTRY, CHENNAI. P5: TRUE COPY OF NOTICE DT.2.12.2003 ISSUED BY THE DRUGS CONTROLLER, ERNAKULAM, BEARING THE PERMISSION GRANTED BY R1. P6(a): TRUE COPY OF NOTICE DT.29.1.2004 ISSUED BY THE DRUGS CONTROLLER, TRIVANDRUM. P6(b): TRUE COPY OF REPLY DT.5.3.2004. P7: TRUE COPY OF LICENCE DT.5.6.98 FOR THE MANUFACTURE OF OXYMENT NASAL DROPS. P8: TRUE COPY OF CERTIFICATE OF RENEWAL OF LICENCE. P9: TRUE COPY OF ORDER DT.1.4.2004 ISSUED BY R1. RESPONDENT'S EXHIBIITS: R1(a): TRUE COPY OF NOTICE ISSUED ON 28.11.2003. R1(b): TRUE COPY OF LETTER DT.23.12.2003 AND THE DOCUMENTS FURNISHED BY R3. R3-1: TRUE COPY OF PERMISSION TO MANUFACTURE OXYMET NASAL DROPS ISSUED BY THE DRUGS CONTROLLER UTTERPRADESH DT.12.11.1991. R3-2: TRUE COPY OF LIST OF ITEM ON FORM 28 SUBMITTED BY THIS RESPONDENT AND GRANTED BY THE DRGUS CONTROLLER UTTARPRADESH DT.15.9.91. R3-3: TRUE COPY OF THE GOOD MANUFACTURING PRACTICE (GMP) CERTIFICATE ISSUED BY THE DRUG LICENSING CUM CONTROLLING AUTHORITY UTTERPRADESH DT.22.12.2003. R3-4: TRUE COPY OF R3'S APPLICATION FOR AMENDMENT OF TRADE MARK DT.25.9.2002. R3-5: TRUE COPY OF ADDITIONAL REPRESENTATION SUBMITTED BY R3 BEFORE THE REGISTRAR OF TRADEMARKS DT.2.3.02. R3-6: TRUE COPY OF ADDL. REPRESENTATION 2 FOR AMENDING THE TRADE MARK AS OXYMET BEFORE THE REGISTRAR OF TRADE MARKS NEW DELHI DT.2.3.2002. R3-7: TRUE COPY OF EXAMINATION SEARCH REPORT BY THE REGISTRY OF TRADE MARK CONDUCTED TO SEE WHETHER THERE IS ANY SIMILAR TRADE MARKS DT.6.3.2002. R3-8: TRUE COPY OF ABOVE SHOW CAUSE NOTICE DT.28.11.2003. R3-9: TRUE COPY OF REPLY NOTICE SENT BY THIS RESPONDENT TO R1 DT.23.12.2003. R3-10: TRUE COPY OF ABOVE SAID NOTICE ISSUED TO THE PETITIONER DT.30.3.2003. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.18433 of 2004 .................................................................... Dated this the 22nd day of July, 2009. JUDGMENT The petitioner is challenging Ext.P9 order whereunder it is prohibited from sale of a drug sold by another company in the same name. The last stay granted by this court expired in First week of March, 2005. It is not known whether petitioner is continuing sales and if so, I see no reason why the other company is not opposing the petitioner selling the same drug in the same brand name. In any case since sale of a drug under same name by two companies is the dispute to be settled between the companies, I feel there is no need for the Drug Controller to intervene with the matter so long as drug is of the permitted quality. The W.P. is closed leaving the parties to settle the matter between themselves. C.N.RAMACHANDRAN NAIR Judge pms