Document Fragment View
Fragment Information
Showing contexts for: Docket explosion in M/S Matrimony.Com Limited vs Kalyan Jewellers India Limited on 13 March, 2020Matching Fragments
14.3.In Neon Laboratories Ltd., Vs. Medical Technologies Ltd and others (Civil Appeal No.1018 of 2006 dated 05.10.2015), the Apex Court has observed as under.
“3 This Court does not normally entertain appeals against interlocutory orders. In the case of trademarks, however, keeping in perspective the endemic delay in concluding cases/suits in India because of the exponentially increasing docket explosion, temporary ad interim injunctions are of far reaching consequences, oftentimes effectively deciding the lis and the disputes themselves. Possibly for this reason ‘Leave’ has already been granted in the present Appeal. However, it is now well entrenched in our jurisprudence that the Appellate Court should not flimsily, whimsically or lightly interfere in the exercise of discretion by a subordinate court unless such exercise is palpably perverse. Perversity can pertain to the http://www.judis.nic.in O.S.A.Nos.4 to 12 of 2020 & CMP Nos.428 to 440, 442, 443, 445, 446, 448 & 449 of 2020 understanding of law or the appreciation of pleadings or evidence. We shall restrict ourselves to reference in Wander Ltd. v. Antox India P. Ltd. 1990 Supp SCC 727, wherein it has been adumbrated that the Appellate Court ought not to “reassess the material and seek to reach a conclusion different from the one reached by the court below if the one reached by that court was reasonably possible on the material. The appellate court would normally not be justified in interfering with the exercise of discretion under appeal solely on the ground that if it had considered the matter at the trial stage it would have come to a contrary conclusion. If the discretion has been exercised by the trial court reasonably and in a judicial manner the fact that the appellate court would have taken a different view may not justify interference with the trial court’s exercise of discretion”. We shall be careful not to transgress these frontiers.