- (1.) APPLICATION for permission to submit additional documents is allowed.
(2.) SPECIAL leave granted. Pending disposal of the appeal, the order of injunction granted by the High Court is modified and confined to the manufacture of the Nadifloxacin Cream 1% only, for which the respondents have obtained E.M.R. No. 1/2003 on 15.12.2003 under Section 24A of the Indian Patents Act, 1970. The order which we have passed is without prejudice to the rights and contentions of the parties in the proceedings pending before the concerned authorities for revocation of the E.M.R. or rejection of the application for product patent. It is also without prejudice to the rights and contentions of the parties in the writ petition filed by the petitioners before the Bombay High Court for revocation of the E.M.R., and the Writ Petition filed by the respondents in the Delhi High Court for cancellation of the drug license of the petitioner.
(3.) IT will also not prevent the High courts conerned from disposing of the matters pending before them as expeditiously as possible. Liberty to mention for early date of hearing.;