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Gujarat High Court

Novartis Ag., vs Triveni Chemicals Pvt Limited on 1 March, 2018

Author: M.R. Shah

Bench: M.R. Shah, A.Y. Kogje

C/FA/4144/2017 IA ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION NO. 2 of 2017 IN FIRST APPEAL NO. 4144 of 2017 =====================+++================= NOVARTIS AG., Versus TRIVENI CHEMICALS PVT LIMITED ========================+++============== Appearance:

MR JATIN Y TRIVEDI for the APPLICANT(s) No. 1,2 PRATIK K CHAUDHARY for the APPLICANT(s) No. 1,2 RULE SERVED BY DS(65) for the RESPONDENT(s) No. 1 ===========================+++=========== CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MR.JUSTICE A.Y. KOGJE Date : 01/03/2018 IA ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH) Present application has been preferred by the applicants herein - appellants - original plaintiffs of Commercial Trade Mark Suit No.7/2016 for an appropriate order of injunction restraining the original defendant by itself or through its directors, group companies, associates, divisions, assigns in business, licensees, franchisees, agents, distributors and dealers be restrained by way of an interim injunction pending the appeal from using, manufacturing, importing, selling, offering for sale either through the website http://www.trivenipharma.com or by any other means, exporting, directly or indirectly dealing in Active Pharmaceutical Ingredient (API), pharmaceutical products, or formulations containing Vildagliptin alone or Vildagliptin in combination with any other compound or API or in any other form as may amount to infringement of Indian Patent No.212815 of the plaintiff no.1.

Though served, nobody appears on behalf of the respondent - original defendant.

C/FA/4144/2017 IA ORDER We have heard Shri Mihir Thakore, learned Senior Advocate appearing on behalf of the applicants - appellants - original plaintiffs. We have noted that the main First Appeal, against the judgment and decree /order passed by the learned Commercial Court at Vadodara rejecting the suit, has been admitted. We have also noted that during pendency of the suit before the learned Commercial Court there was already an interim injunction order passed by the learned Commercial Court, Vadodara dated 03/08/2016 below an application in injunction under Order XXX1X Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, which was continued till the dismissal of the suit and which has been further continued till date pursuant to our earlier order dated 30/01/2018 in the present application.

As observed hereinabove, nobody appears on behalf of the respondent herein - original defendant. It is also required to be noted that even before the learned Commercial Court also nobody remained present on behalf of the respondent herein - original defendant and even the original defendant did not appear before the learned Commercial Court. Considering the aforesaid facts and circumstances of the case, the ad-interim injunction granted earlier vide our earlier order dated 30/01/2018 is directed to be continued as interim injunction during pendency and final disposal of the main First Appeal. Rule is made absolute to the aforesaid extent. No order as to costs.

(M.R. SHAH, J.) (A.Y. KOGJE, J.) Siji Page 2 of 2 Downloaded on : Fri Feb 28 21:26:33 IST 2020