ao69.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ APEAL FROM ORDER NO.:69 OF 2011 M/S SUN PHARMACEUTICALS INDUSTRIES LTD THROUGH AUTH SIGNATORY VERSUS M/S PARENTERAL DRUGS (INDIA) LTD INDORE ... Advocate for Appellant(s) : J.P.legal Associates. Advocate for Respondent(s) : Mr. Deshmukh Pradip G. Respdt 1. ... CORAM : S.S. SHINDE, J. Dated: July 15, 2011 ... This appeal from order takes exception to the order dated 22nd March, 2011 passed by the District Judge-1, Ahmednagar in Trade Mark Suit No.1/2008. 2 The learned Counsel for the petitioner submits that the learned Court below, taking hyper technical view that in prayer clause, there is prayer for perpetual injunction and ao69.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ there was no prayer for temporary injunction, rejected the application for temporary injunction. Therefore, according to him, such hyper technical view should not have been taken and it cannot be sustained. 3 On the other hand, the learned Counsel for the respondent submits that since the prayer in the said application was defective and there was no mention of temporary injunction, the Court below has rightly rejected the application of the appellant. According to the counsel for the respondent, there was even no prayer for amendment to the prayer clause. 4 Upon hearing the learned counsel for ao69.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ the parties, and perusal of the para 11 of the judgment, it is crystal clear that the Court below, taking into consideration the prayer in the application has rejected the said application only on the ground that there is no prayer for temporary injunction. There is no any adjudication on merits as such. Therefore, if the prayers in the application were defective, the impugned order cannot be faulted with. 5 Hence, the appeal from order is dismissed. However, the appellant herein will be at liberty to file another application for temporary injunction. If such an application ao69.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ is filed, the concerned Court shall decide the same on its own merits. It will be open for the parties to contest the application on merits. (S.S. SHINDE, J.) PLK/*