Research › Search › Judgment

Gujarat High Court · body

2018 DIGILAW 543 (GUJ)

RELIANCE MEDIPHARMA v. RELIANCE HEALTHCARE PVT. LTD.

2018-02-20

A.Y.KOGJE, M.R.SHAH

body2018
JUDGMENT M.R. SHAH, J. 1. The above Appeals from Order are filed, being aggrieved and dissatisfied with the impugned orders dated 17.03.2017 passed by the learned Judge, Commercial Court, Vadodara passed below Exhibit 5 in respect of Commercial Trade Mark Suit No.2/2017 and 3/2017. In view of the subsequent development and considering the fact that according to the plaintiff, the injunction was required to be granted also on the ground of passing off action, however, the learned Judge of the trial Court has not discussed anything in the aforesaid Suit nor has given any findings, there is a broad consensus between the learned Counsels for the parties to remand the matter to the learned Judge, Commercial Court, Vadodara for deciding the applications - Exhibit 5 afresh, in accordance with law and on merits. 2. There is a broad consensus that the learned Judge may be directed to decide and dispose of the injunction applications at the earliest and within the stipulated time, till then, without prejudice to the rights and contentions of the defendant, the injunction which has been granted be continued till the Exhibit 5 applications are decided afresh. 3. Learned Counsels appearing for the respective parties do not invite any further reasoned order while quashing and setting aside the impugned orders and remanding the matter to the learned trial Court, as any observations may affect the case of the either of the parties. 4. In view of the above broad consensus arrived at between the learned Counsels appearing for the parties, the impugned order passed by the learned Judge, Commercial Court, Vadodara, in Exhibit 5 in Commercial Trade Mark Suit Nos.2/2017 and 3/2017 are hereby quashed and set aside and the matters are remanded to the learned Judge, Commercial Court, Vadodara to decide and dispose of the applications – Exhibit 5 afresh, in accordance with law and on merits. 5. It will be open for the plaintiff to file any additional documents pointing out the subsequent developments and it will also be open for the defendant to file counter to the same, provided the documents are placed on record on or before 26th FEBRUARY, 2018. In any case, the learned Judge, Commercial Court, Vadodara to finally decide and dispose of the applications – Exhibit 5 in accordance with law and on its own merits, at the earliest, but not later than 15th MARCH, 2018. In any case, the learned Judge, Commercial Court, Vadodara to finally decide and dispose of the applications – Exhibit 5 in accordance with law and on its own merits, at the earliest, but not later than 15th MARCH, 2018. Till then and without prejudice to the rights and contentions of respective parties, more particularly, without prejudice to the rights and contentions of the defendant, by way of an interim arrangement, the injunction which are granted by the learned trial Court, which are set aside, are directed to be continued till 15th MARCH, 2018. However, the aforesaid would be without prejudice to the rights and contentions of the respective parties and the learned Judge, Commercial Court, Vadodara to decide and dispose of the Suit independently, in accordance with law and on merits, and without being influenced by the present arrangement. 6. All the concerned are directed to co-operate the learned Judge, Commercial Court, Vadodara in finally deciding and disposing of the applications – Exhibit 5 at the earliest and within the time stipulated hereinabove. 7. In view of the above, the present Appeal from Orders stand disposed of. 8. With above directions, the Registry is directed to send the Writ of this order to the Commercial Court, Vadodara, but not later than 22nd FEBRUARY, 2018. Direct Service is also permitted.