plaintiff would suffer an irreparable injury if his
prayer for interlocutory injunction is disallowed.
In granting interlocutory injunction, the governing principle is the
maintenance ... cured by payment of damages, rather than by the grant of interlocutory
injunction. Irreparable injury does not mean that there must be no physical
possibility
Even so
far the limited purpose of considering the
prayer for interlocutory injunction which is
intended for maintenance of status quo, the
trial Court rightly
proviso. This Court went into the question as to
whether interlocutory injunction of a mandatory character as against
the prohibitory injunction could be granted ... ignored the settled principles of law regarding grant or refusal of
interlocutory injunction. There was no reason for the Appellate Bench
to interfere
fast rule that delay per se would defeat an
application for interlocutory injunction. The judgment
indicates that in a situation where the defendant ... discussion in the judgment
shows that in order to deny an interlocutory injunction,
the delay must be such as to have induced the defendant
similar principle was applied while granting an
interlocutory injunction:
"In my view, there is really no doubt that the use of the
two bottles
Blue Hill Logistics Private Ltd vs Ashok Leyland Limited on 5 May, 2011
Author: R
Ultra Tech Cement Limited vs Alaknanda Cement Pvt.Ltd. And Another on 28 June, 2011
Vidhani, though rather reluctantly. Mr
Vidhani, however, pressed his application for interlocutory injunction qua use of the
word KRISHNA in the label mark ... that having obtained registration the plaintiff has a right
to seek an injunction as a matter of right and that adding a prefix such
Union of
India has no objection to the grant of an injunction restraining it
from recovering or appropriating the amount lying with it in
respect ... that he has not done before, the only effect of the
interlocutory injunction in the event of his succeeding at the
Trial is to postpone
decision, we would note the law
governing Appellate Jurisdiction pertaining to interlocutory
orders where a learned Single Judge has exercised a
discretionary power ... ignored the settled principles of law
regulating grant or refusal of interlocutory
injunction. An appeal against exercise of
discretion is said to be an appeal
