parties, having regard to considerations of
balance of convenience, no interlocutory injunction
should be granted, and reliance was placed in that
connection on a passage ... validity of the registration of the
mark on a Motion for interlocutory injunction, and that,
whilst a mark remains on the register (even wrongly
infringement of registration of
trade mark, injunction should normally be granted than to say that
the injunction must be granted and the defendant cannot argue ... resorting to the general principles applicable to the
grant of interlocutory injunction to permit the civil court to consider
the plea of invalidity
which reads thus.
"My Lords, when an application for an interlocutory injunction to restrain a defendant from doing acts alleged to be in violation ... contested facts, the decision whether or not to grant an interlocutory injunction has to be taken at a time when ex hypothesi the existence
principle which must guide the
grant or refusal of an interlocutory injunction, where the Defendant
either disputes the title of the Plaintiff to the mark ... ultimately
succeeds.
..... It is necessary that an application for interlocutory injunction
should be made immediately after the plaintiff becomes aware
of the infringement
Notice of Motion taken out by the plaintiffs for an interlocutory injunction restraining the defendants from using the trade mark HEMLA in respect of embroidery ... registered trade marks of the plaintiffs, as also for an interlocutory injunction restraining the defendants from using the said trade mark on embroidery goods
contract only to the Petitioners.
Interlocutory Relief:
8. Where an application is made for an interlocutory injunction during the pendency of a suit, the exercise ... Plaintiff would suffer an irreparable injury if the prayer for interlocutory injunction were to be refused. The decisions of the Supreme Court in Wander
interlocutory injunctions during the pendency of legal proceedings. Paragraph 43 needs to be quoted, which reads as under:
43. The grant of an interlocutory injunction ... plaintiff would suffer an irreparable injury if his prayer for interlocutory injunction is disallowed. The decision whether or not to grant an interlocutory injunction
time after the institution of the suit to move for an interlocutory injunction to prevent the defendant from infringing his design between then ... appears that there is a substantial issue to be tried, an interlocutory injunction will not be granted. (Russel-Clarke, page 121)."
The Division Bench
Lord Diplock explained the position:
"A right to obtain an interlocutory injunction
is not a cause of action. It cannot stand ... jurisdiction of the court. The right to obtain
an interlocutory injunction is merely ancillary
and incidental to the pre-existing cause of
action
refusal of
interlocutory injunctions. In this case, one of the settled principles
in matters of grant or refusal of interlocutory injunction is whether
the plaintiff ... applicant, who seeks such interlocutory
injunction has approached the Court by stating all the material
and relevant facts in its knowledge. Where the plaintiff
