Wockhardt Ltd. vs Hetero Drugs Ltd. And Ors. on 8 September, 2005
That order was questioned before a Division Bench and the Division Bench in the decision in "Intas Laboratories Private Limited, Ahmedabad and Anr. v. Novartis A.G., Schwarzwaldallee 215 represented by its Power of Attorney Retushka Negi and Ors. 2005 (1) MLJ 309", held that it will not be proper for the Court to decide the issue arising out of interim orders as the same would render the suit itself infructuous leaving nothing for the trial and that any view, opinion or finding expressed in that regard would automatically be binding on the learned single Judge in the trial, directed eschew of the findings of the learned single Judge with reference to the validity of EMR. The Division Bench also directed that the issue should be decided only within the parameters of the balance of convenience and public interest in question.