In the meantime, we pass an ad interim injunction n in terms of para 17 a of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908, filed before the Ahmedabad City Civil Court which reads as follows a restrain by an order of ad interim injunction the defendants, their servants, agents, stockists, or others directly or indirectly involved from in any manner using in relation to any medicinal or pharmaceutical preparation in manufacturing or marketing the pharmaceutical product bearing the trademark ATOR or any other trade mark which is deceptively similar to the plaintiffs trademark.
O R D E R CIVIL APPEAL NO.3389 OF 2002 This appeal by special leave arises out of an order of the High Court of Gujrat at Ahmedabad wherein the issue was of vacation of order of injunction after numberice which was granted by the trial companyrt at the ex parte stage relating to trade mark name and passing of the medicine of the appellant ATORVA by the medicine of the respondent ATOR for the same treatment.
The interim order granted by this Court was made absolute on 6th of May, 2002 and at the same time leave was also granted.
Feeling aggrieved, the appellant before us filed an appeal before the High Court of Gujarat at Ahmedabad which by the impugned order refused to grant any interim order to the appellant, but direction was made to proceed with the suit and dispose of the same at an early date.
The appeal was, however, admitted by the appellate authority but it refused to grant any interim order during the pendency of the appeal.
While issuing numberice on 15th of March, 2008, this Court passed the following order Exemption allowed.
Initially, an interim order was granted by the trial companyrt against which the appeal was taken.
It is this order of the High Court which was challenged in this Court by way of a special leave petition.
However, companysidering the facts and circumstances of the case, we direct the trial companyrt to decide the suit as early as possible preferably within a period of one year from the date of companymunication of this order.Issue numberice.
