affirmative agreement in the present
Petition. The injunction prayed for is for enforcement of a negative
agreement not to do a certain ... Court is not
precluded to grant an injunction to perform the negative agreement even if
there are circumstances that prevent the Court to compel specific
Inder Raj Sahni Proprietor M/S Sahni ... vs Neha Herbals Pvt. Ltd. And Anr on
this Court has not issued any ex-parte ad-interim
injunction, which further negates any claim of undue prejudice. Defendant's
argument, if accepted ... technicalities to
overshadow substantive trademark infringement.
2.10. The legal principle that an injunction must ordinarily follow in cases
of established trademark infringement is well recognized
recognised the
right of the Employer to seek injunction on the basis of negative covenant
during the subsistence of the contract. He argues that considerations ... compensation. Therefore, injunction is not warranted on this ground as well.
15. Furthermore, the Court does not have to necessarily enforce a negative
covenant
favour and in case an ex-parte ad-
interim injunction is not granted, negative ramifications for the public health
and safety could follow. Plaintiff would
Plaintiffs were concerned.
(iv) For the purpose of interim injunction, the pleadings and material on
record did not require any amendment. The nature ... Plaintiff did not, for the purposes of the arguments in the interim injunction,
seek to amend the pleadings. Referring to the decision in Rajesh Kumar
been in the public domain for nearly one
year, has made any negative impact in the minds of general public or that ... granting an injunction against the
release of a certified feature film. The Plaintiff claims that its brand identity
is sensitive to the negative imagery which
Injunction order dated 11 th October, 2022.2 He has
also pointed out that that the Plaintiffs have in terms of paragraph 24 of the
Injunction ... Makkar responds in the negative.
3. Mr. Makkar also acknowledges that no summons or court notice or
intimation of the Injunction order has been served
Plaintiff has miserably
failed to make out a case for interim injunction. The Defendant vide its
advertisements only intends to inform the public at large ... used
various advertisements to promote other products like Honey by
highlighting negative effects of sugar on our body. Thus, the impugned
advertisement in no manner
Plaintiff to take unfair advantage
of their own breach of the injunction by simply attributing it to a purportedly
bona fide misinterpretation, and such conduct ... present case is filed by the Plaintiff only seeking to enforce the
negative covenant, and not for specific performance of the Agreement
between the parties
