Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited on 26 March, 2001
18. But even there, the learned Single Judge has committed an error in not properly applying well-established principles of law and particularly the latest judgment of the Supreme Court in Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., , though the said judgment has been referred to in the order. The learned Single Judge was also not right in giving undue importance to the fact that the drug in question was a Scheduled Drug and that it can be sold only on prescription of a doctor. Judicial notice has been taken by this Court as well as by the Supreme Court that realities of life cannot be ignored by the Courts in dealing with such matters, and there is every likelihood of committing mistake not only by customers but also by chemists and doctors. It is a known fact that names of medicines are given on telephone and medicines are purchased on that basis. In the circumstances, there is probability, and in any case possibility, that a wrong medicine may be sold by a chemist which may have fatal or adverse effect on a patient. Had all these facts were appreciated in their proper perspective, the learned Single Judge would have granted injunction against the defendant.