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June 30, 2001
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Cadila to change Penegra colour to yellow

Keeping in mind the objection of the US multinational Pfizer that its famous anti-impotence drug Viagra was being copied, the Indian company Cadila Health Care on Saturday told the Delhi high court that it would change the colour of its drug Penegra.

On this undertaking, the Indian company would be free to sell its product, a division Bench comprising Justice Manmohan Sarin and Justice J D Kapoor, said while allowing Cadila's appeal against court's earlier order restraining Cadila from manufacturing and selling Penegra.

Accepting Cadila's contention that Pfizer had filed the suit against it with 'inordinate delay', the bench directed the Indian company to submit an undertaking before the court that it would change the colour of Penegra before its further circulation in the market.

The bench had reserved its order on Cadila's appeal on June 27 after hearing prolonged arguments of counsel from both the sides.

Cadila had challenged the stay granted in favour of Pfizer by Justice A K Sikri earlier this month, on the ground that the American company's suit was filed after a delay of five months, while Penegra was being sold by the company since January this year.

Cadila's counsel Kapil Sibal and Rajiv Nayar stated that the company would suffer enormous financial loss if the stay order continued as Penegra was fetching Cadila a monthly revenue of Rs 8 million.

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