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
once the Single Judge of this Court has granted an
interim injunction, merely because the appeal is
preferred, will not ipso facto lead to stay ... terms of the MOU and Trust
Deed. Pending trial, he sought interim injunction which was granted.
SUBMISSIONS IN APPEAL
10. The focus of the arguments
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
also requires the plaintiff to be denied the equitable relief of
interim injunction.
18. As far as the emphasis by the counsel for the plaintiff ... plaintiff thus, for the purposes of grant of interim injunction, has to be
construed as of passing off only.
20. In this context
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
30th September,
2020 of the Commercial Court, granting ex parte ad-interim injunction
against the appellants/defendants, in a suit instituted by the
respondent/plaintiff ... order shows the Commercial Court to have granted ex parte ad-
interim injunction under the impression that the suit was for infringement of
trademark
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
plaintiffs and the plaintiffs were thus not entitled to interim
injunction. Again, FAO(OS) no.10/2012 was preferred by the plaintiffs
impugning the judgment ... defendants, as directed while dismissing the applications of the
plaintiffs for interim injunction, had been filing their accounts in a sealed
cover. The plaintiff filed
learned Single
Judge of this Court, confirming the interim injunction granted in favour of
the respondent/plaintiff in I.A. No.12625/2020 under Order ... noted that initially, the learned Single Judge had granted an
ad interim injunction in favour of the respondent/plaintiff vide Order dated
23rd December
