Can X Pharmaceuticals Ltd., restrain Y Instra Lab. Pvt. Ltd from using the process of combination of drug ?

After going through the entire material facts of the case, it is apparent that the process of making combination drugs of a chemical material and a micro-organism is a well-accepted process. Hence the process which X-Pharmaceutical Ltd. claims to have developed is really in use for a long time. So, the Company i.e., X-Pharmaceutical Ltd, cannot be said to have evolved a new process unknown to the pharmaceutical world. The significant point is that what is patented by X-Pharmaceutical Ltd. is the "process" and not the combination of drug itself. If, prima facie, the process evolved by the X-Pharmaceutical Ltd., is not found to be patentable, the Y Instra Lab. Pvt. Ltd. cannot be restrained from using the said process for its products and for marketing them. In the instant case, the Y Instra Lab, Pvt. Ltd. had already entered the market few months back. Therefore, it is not proper to restrain them from continuing to market its products.