Delhi High Court Grants Ex-parte Order To BMS

The grant of interim injunction to parties requires the establishment of three conditions: a prima facie case, the balance of convenience being tilted in their favour; and irreparable loss shall accrue to the party praying for injunction in case the same is not granted. While both parties are heard during the grant of such an order, an ex parte order (in the absence of the defendants) may also be granted. However, this is uncommon to cases dealing with patents, perhaps owing to the gravity and significance that patent rights append to them. The Delhi High Court rendered an ex-parte order in a plea for the grant of an interim injunction as under Order XXXIX Rule 1 and 2 of the Civil procedure Code, 1908, in respect of a patented drug Dastanib (A compound 2-Amino-Thiazole-5- Carboxamide)vide C.S (O.S.) No. 2680/2008.