record, that the
Commercial Court, while so granting ex-parte ad-interim injunction, did not
give any reasons (i) for the urgency to grant ... parte interim
relief in favour of the respondent/plaintiff, but has after hearing the parties,
vide the impugned order confirmed the interim injunction in favour
injunction to restrain infringement of patent, are not entitled to
any interim injunction restraining respondent(s)/defendant(s) from
manufacturing and selling the pharmaceutical products ... orders/judgments, it
appears that the hearing on the applications for interim injunction, before
both the Hon'ble Judges, took place simultaneously
January, 2021 i.e. till 6th April, 2021 for the interim injunction to
become operative, the appeal was posted for hearing on 24th March ... Commercial Court, of 'deceptive similarity', for granting
the interim injunction. It is informed, that otherwise it is not in dispute that
the marks
staying further proceedings in the suit and
declining to grant interim injunction sought by the appellant/plaintiff.
FAO (COMM) 65/2021 Page ... interim application in the suit
before it.
9. The same, as per our reading, amounts to declining the application for
interim injunction by the appellant
from
Clauses 8, 9 and 10 thereof; (ii) granting any interim injunction to the
appellant / plaintiff would amount to restraining the respondent / defendant
from doing ... Contract Act, relying inter alia whereon the Commercial Court has
declined interim injunction to the appellant / plaintiff, was enacted by the
foreign merchant regulators then
Commercial Court, of grant of ex-parte ad-interim injunction, and post
notice, confirming the same, thereby restraining the appellants/defendants
from using the mark ... respondent/plaintiff, in the earlier round, having
not succeeded in getting interim injunction.
6. The counsel for the respondent/plaintiff appears on advance notice
2021 and C.M. No. 17986/2021 (for ex-parte ad-interim
stay)
3. This appeal, under Section 10 of the Delhi High Court ... opinion that considering the fact that there is
already an interim injunction operating against the appellant/defendant since
30th August, 2019 and considering the stature
appellant/plaintiff against the
respondents/defendants, (i) vacating the ad interim injunction earlier
granted, restraining the respondent no.2/defendant no.2 from pursuing Civil ... dismissing the application of the appellant/plaintiff for interim relief to the
extent seeking anti-suit injunction against the respondent no.2/defendant
application under Section 9 of the
Act, reasoning that the only interim measure sought was of restraining
construction of the subject property and for which ... construction has been raised thereon. It is argued
that if any interim injunction is granted, the same will also affect the rights of
respondents
COMM) 22/2021 & CMs No.1237/2021 (for ex parte interim
injunction) & 1238/2021 (for appointment of LC)
STAR IMPACT PRIVATE LIMITED ..... Appellant ... impugned orders, it appears that the said suit is only for permanent
injunction to restrain infringement of trademark and for ancillary reliefs but
the counsel
