SENGUPTA,J. - (1.) Sengupta, J. - On 25th January, 2006 I passed an ad interim order of injunction in terms of prayer (a) of the Notice of Motion. For the sake of convenience prayer (a) is quoted hereunder: a) The respondent Nos. 1 and 2 and each of them, their servants, agents, assigns and/or associates be restrained from in any way or manner manufacturing, marketing or selling any fairness cream containing the peptide formulation of the respondent Nos. 3 and 4."
(2.) All the defendants appeared in this matter even before the returnable date. So the returnable date was shortened as it was complained that the defendant Nos. 1 and 2 are seriously prejudiced by this interim order and that each and every day they are suffering pecuniary losses to the extent of a few millions of rupees. As such the matter was heard on several consecutive days. Mr. Kapoor appearing for the defendant Nos. 1. and 2 submits firstly that interim order has been obtained on the basis of misrepresentation if not fraudulent representation made by the plaintiffs. According to him, there has been a prior agreement between his clients and the defendant No. 4, namely, Mr. S. Chanda Zaveri who is having control and management of Activor Corporation, USA, namely, defendant No. 3. Original agreement has been produced and copy thereof has also been supplied to the Court. His client in terms of the agreement has been given the following right by and/or on behalf of the defendant Nos. 3 and 4:
(3.) To use the technical knowhow, process, formulae and further information as to manufacture of the herbal and cosmetic products for commercial exploitation of her inventions and improvements by way of future innovations, production methods, manufacturing and test process.;