unfair, else they would offend Article 14 of the Constitution of India.
Injunction can be sought against such arbitrary actions. Reliance is
placed ... Specific Relief Act, which, inter-
alia, reads as under-
"41. Injunction when refused- An injunction cannot be
granted
preclude the court
making any interlocutory order (including any order
granting an injunction, directing, accounts to be kept,
RFA (OS) No.90/2010 Page ... parties Origin Restrained
i) Anglo-French AIR 1984 Beplex(P) Vitamin-B Injunction
Drug Co. P&H 430 Complex granted
( Eastern
1027 2007 in the High Court of Madras seeking permanent
injunction restraining the appellant to use that trademark
which amounted to infringement of registered trade ... from passing off its goods as that of respondent. Ex parte
injunction was granted on 22.11.2007. However thereafter,
this the respondent filed
short issue which arises for consideration is whether the
aforementioned suit for injunction simpliciter would be maintainable
in view of the plaintiffs having withdrawn their ... respect to the aforesaid agricultural land and for a decree
of permanent injunction restraining defendants No.1 and 2 from
interfering with the rights
present
application. The plaintiff has filed the present suit for
permanent injunction restraining infringement of its
trademark/name, passing off, defamation, rendition of
accounts, damages ... these facts,
the plaintiff has claimed the grant of an ad interim
injunction to restrain the defendants, their employees,
servants, agents, etc from releasing, distributing
forward on behalf of the appellant before us is that the
injunction application was filed before the learned single judge ... hearing on 19-3-2012 during
the pendency of the injunction application, and the learned single judge erred in
law in granting the relief
Court order
cannot take away the said right.
(b) The injunction/sanction order has been passed without
opportunity to show cause and hearing ... order prohibiting any further application without the leave of
the court. The injunction order thereafter came to be known as
the"Grepe versus Loam
granting of any relief would be amounting to grant of a
mandatory injunction and in any event, if losses are suffered by the
petitioner ... IRCTC as well.
(vi) According to the learned Single Judge, though mandatory
injunction is not to be given normally but the Court had the power
bringing the action before Court, thus, the
plaintiff is entitled for injunction. Apart of delay, the suit is also
barred under the Limitation ... mislead the members of the trading
and consuming public. Therefore, the injunction is sought by the
plaintiff against the defendants.
I.A. No.10679/2011
lacs for the year 2010-11 till the date of
injunction order whereas total sales of the said medicines
under the trade mark "PANTOBLOC ... appearing on behalf of
defendants that the plaintiff is not entitled for injunction
and interim order already granted and are liable to be
rejected
