Basf India Ltd. (Previously Known As ... vs State Bank Of India And Catholic Syrian ... on 12 November, 2002
20. A
finding on 'prima facie case' would be a finding of fact. However,
while arriving at such finding of fact, the court not only must
arrive at a conclusion that a case for trial has been made out but
also other factors requisite for grant of injunction exist. There may
be a debate as has been sought to be raised by Dr. Rajeev Dhawan that
the decision of House of Lords in American Cyanamid v. Ethicon Ltd.
[1975] 1 All ER 504 would have no application in a case of this
nature as was opined by this Court in Colgate Palmolive (India) Ltd.
v. Hindustan Lever Ltd. [(1999) 7 SCC 1] and S.M. Dyechem Ltd. v.
Cadbury (India) Ltd. [(2000) 5 SCC 573], but we are not persuaded to
delve thereinto.