1) This is an action by the Plaintiff complaining of
infringement and passing off in respect of its registered trademark
used by it for manufacture and sale of its pharmaceutical and
medicinal products. It is Plaintiff’s case that the Defendant’s mark
is identical with and/or deceptively similar to the Plaintiff’s mark
and that the Defendant is using the impugned mark in respect of
identical goods. In its Suit, Plaintiff filed application for temporary
injunction. On 26 September 2025, the Plaintiff persuaded this Court to
pass an ex-parte ad-interim injunction in its favour inter alia restraining
the Defendant from using the mark or any other deceptively
similar mark containing the word ELDER. This Court also appointed
Court Receiver for sezuire of goods of the Defendant. Upon being
served with ex-parte ad-interim injunction order, the Defendant has
filed Interim Application (L) No.35091 of 2025 seeking vacation of the
ex-parte ad-interim injunction order dated 26 September 2025 under
Order 39 Rule 4 of the Code of the Civil Procedure, 1908 (the Code).
With the consent of parties, Defendant’s application for vacation of ad-
interim injunction and Plaintiff’s application for temporary injunction
are taken up for hearing together.
