Colgate Palmolive (India) Ltd vs Hindustan Lever Ltd on 18 August, 1999
I have perused these judgments but these judgments are not
helpful to the appellant particularly when the demarcation report submitted by
the officials of the defendant no.1 cannot be faulted with. Admittedly, the
appellant has not filed on record the documents as to how much area he is in
possession. Admittedly, there is a passage in front of the property of the
appellant and the appellant is not able to show that he had not encroached any
area of the land. Ld. Trial Court has already placed reliance upon the judgment
titled as Colgate Palmolive (India) Ltd. Vs. Hindustan Lever Ltd., AIR 1999
SC 3105 to the effect that the court had to consider "whether the grant of
refusal of injunction will adversely affect the interest of general public, which
can or cannot be compensated otherwise." Ld. Trial Court has rightly held
that no prima facie case is shown by the plaintiff/appellant. I am of the view
that there is no illegality or infirmity in the order dated 03.09.2013 passed by
Ld. Trial Court. Thus, the appeal filed by the appellant is without any merits
and same is hereby dismissed. Copy of this judgment be sent to the Ld. Trial
Court along with the trial court record.