Wander Ltd. And Anr. vs Antox India P. Ltd. on 26 April, 1990
We are conscious of the law that this Court would not
ordinarily interfere with the exercise of discretion in the matter
of grant of temporary injunction by the High Court and the Trial
Court and substitute its own discretion therefor except where the
discretion has been shown to have been exercised arbitrarily or
capriciously or perversely or where the order of the Court under
scrutiny ignores the settled principles of law regulating grant or
refusal of interlocutory injunction. An appeal against exercise of
discretion is said to be an appeal on principle. Appellate court
will not reassess the material and seek to reach a conclusion
different from the one reached by the court below 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 courts
exercise of discretion [(see Wander Ltd. v. Antox India P.Ltd :