SCA/19712/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 19712 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge? ========================================================= CADILA HEALTHCARE LTD. - Petitioner(s) Versus BIOCHEM PHARMACEUTICAL INDUSTRIES LTD. & 1 - Respondent(s) ========================================================= Appearance : SINGHI & CO for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1, DR RAJESH H ACHARYA for Respondent(s) : 1, MS JAYSHRI H PADHYA for Respondent(s) : 1, RULE SERVED BY DS for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 16/07/2008 ORAL JUDGMENT 1. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner SCA/19712/2007 2/4 JUDGMENT – original plaintiff has prayed for an appropriate order of interim injunction restraining the respondents from selling, manufacturing and marketing products under trademark 'CIPBID' and / or any other trademark which is deceptively similar or imitation of the petitioner's trademark 'CIPROBID' and from using the shape and colour of tablets, strip and packaging which is colourable imitation or substantial reproduction of the petitioner's produce 'CIPROBID', either directly or through their Directors, Proprietor, partners, employees, agents, stockists, distributors, dealers and retailers, as prayed for in the application for injunction - Exh.5 in Civil Suit No.3 of 2007 pending in the Court of learned Additional District Judge, Ahmedabad (Rural). 2. It appears that the petitioner – plaintiff had filed Civil Suit No.3 of 2007 against the respondents – defendants for declaration and permanent injunction and in the said suit, the petitioner – plaintiff preferred application Exh.5 for interim injunction and the learned Additional District Judge, Ahmedabad (Rural) issued only Notice SCA/19712/2007 3/4 JUDGMENT vide order dated 02.08.2007 making it returnable on 10.08.2007. As ad-interim injunction was not granted and only Notice was issued, the petitioner has preferred present Special Civil Application for the aforesaid relief. 3. By order dated 26.10.2007 the learned Single Judge issued Rule and continued ad-interim relief granted earlier. Ad-interim relief granted earlier in terms of para 4(B) vide order dated 08.08.2007 passed by the learned Single Judge has been continued till date. 4. It is not in dispute that as such, application Exh.5 is pending before the learned trial and which is yet to be decided and disposed of. 5. In view of above, when application – Exh.5 is pending before the learned trial Court and ad- interim relief granted as far as back on 08.08.2007, which has been continued till date, it will be appropriate to direct the learned trial Court to decide and dispose of application Exh.5 as early as possible preferably within a period of 4(four) months SCA/19712/2007 4/4 JUDGMENT from the date of receipt of this order and ad-interim relief granted earlier is directed to be continued. 6. Under the circumstances, present Special Civil Application is disposed of directing the learned Trial Court to decide and dispose of application Exh.5 below Civil Suit No.3 of 2007 as early as possible preferably within a period of 4(four) months from the date of receipt of this order and /or production of certified copy of the present order. Till application Exh.5 is decided and disposed of, ad-interim relief granted vide order dated 08.08.2007 is directed to be continued. It is made clear that the learned trial Court to decide and dispose of application Exh.5 in accordance with law and on merits without in any way being influenced by the present order and /or continuation of the ad- interim relief. Rule is made absolute to the aforesaid extent. [M.R.Shah,J.] satish