infringement or for passing off referred to in section 134 includes injunction (subject to such terms, if any, as the court thinks ... order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely
ex parte
injunction are-
(a) whether irreparable or serious mischief will ensue to
the plaintiff;
(b) whether the refusal of ex parte injunction would
involve ... circumstances it will not grant ex parte
injunction;
(e) the court would expect a party applying
for ex parte injunction to show utmost good
faith
object of granting injunction would be defeated by the delay in serving such notice and, while granting such injunction ex parte, the court, "shall ... granting of ex parte injunction and may inspire confidence and disarm objection. And secondly, since an appeal lies against such ex parte order of injunction
ex parte injunction is as much a temporary injunction as an injunction granted after hearing the opposite party. An ex parte. injunction ... lower Court in refusing to proceed ex parte and in not issuing an ex parte injunction are wholly beside the point. The lower Court
appearing for the respondents that how the misc. appeal against the ex-parte injunction was maintainable and / or entertainable?
8. Learned counsel for the respondents ... order under Section 151 . be it ex parte or otherwise. An ex parte order of injunction made under Order XXXIX will fall either under Rule
event of grant of such an ex parte injunction. Rule 3A enjoins that whenever an ex parte temporary injunction is granted by a Court ... grounds must be shown for grant of an ex parte interim injunction. An ex parte interim injunction is also qualitatively different from an order
opinion, the order granting ex parte ad interim injunction as well as order declining to grant ex parte temporary injunction and issuance of a notice ... person by declining the grant ex parte ad interim injunction. Sometimes declining to grant ex parte ad interim injunction may virtually amount to denial
very object of the granting of the injunction that the injunction may be issued without notice ex parte. The requirements of the proviso to Rule ... justification for such an ex parte relief in his Ia 972 of 1978. The plaintiff obtained ex parte injunction from the court
proceeding to issue notice to the parties and thereby not granting ex parte injunction, amount to conclusively determining the rights of the parties in respect ... consideration of the application for temporary injunction or not granting ex parte injunction, result in conclusively determining the rights of the parties with regard
impugned order
granted the injunction, ex parte.
2. The impugned order, which granted ex parte temporary injunction for
the duration of the suit ... Rules 1 and 2 Code of Civil Procedure
( CPC ), injunction orders cannot be granted ex parte without reflecting the
prima facie merits of the case
