Code of Civil Procedure , 1908
( CPC ), seeking an interlocutory injunction restraining the defendants
from manufacturing or selling Olaparib, under any brand name,
pending disposal ... Pravin Anand advanced the following submissions to justify
his prayer for interlocutory injunction:
(i) Olaparib is specifically disclosed and claimed in Claim
Code of Civil Procedure , 1908
( CPC ), seeking an interlocutory injunction restraining the defendants
from manufacturing or selling Olaparib, under any brand name,
pending disposal ... Pravin Anand advanced the following submissions to justify
his prayer for interlocutory injunction:
(i) Olaparib is specifically disclosed and claimed in Claim
Sri Vidya Vijaya Thirtharu vs Sri Vidya Shreesha Thirtharu on 19 November, 2024
Author: Ravi
Sri Vidya Vijaya Thirtharu vs Sri Vidya Shreesha Thirtharu on 19 November, 2024
Author: Ravi
Court has
held as under: -
"45. The grant of an interlocutory injunction during the
pendency of legal proceedings is a matter requiring the
exercise ... plaintiff would suffer an irreparable injury
if his prayer for interlocutory injunction is disallowed. The
decision whether or not to grant an interlocutory
injunction
situation where defendant was
yet to start his enterprise, interlocutory injunction would not be
granted.
Rejoinder on behalf of Plaintiff
7. Senior Counsel for plaintiff ... that delay would not disentitle a plaintiff from being granted an
interlocutory injunction.
(iii) Reliance of defendant's counsel on the decision in Wippermann
under:-
"9. Usually, the prayer for grant of an interlocutory injunction
is at a stage when the existence of the legal right asserted ... administration of this form of interlocutory remedy
which is both temporary and discretionary. The object of the
interlocutory injunction, it is stated
wherein it was interalia held as under:
The grant of an interlocutory injunction during the pendency of
legal proceedings is a matter requiring the exercise ... plaintiff would
suffer an irreparable injury if his prayer for interlocutory
injunction is disallowed. The decision whether or not to grant
an interlocutory injunction
considerable length of time prior to
grant of the interlocutory injunction;
(v) Irreparable injury to the plaintiffs' reputation and
goodwill with whom the name ... addition, it has been rightly held that the grant of interlocutory
injunction would cause no significant injury to the defendants who
can sell their washing
observed interalia at
paragraph 43 that:-
"The grant of an interlocutory injunction during the pendency of
legal proceedings is a matter requiring the exercise ... injury if his
prayer for interlocutory injection is disallowed. The decision whether
or not to grant an interlocutory injunction has to be taken
