seeking interim
relief under Order 39 Rule 1 of the Code of Civil
Procedure and did not grant ex-parte ad-interim injunction
in favour ... Suit No.1/2014 to the extent of not granting ad interim
injunction in favour of the petitioners herein; and further be
pleased to restrain
plaintiff filed the present suit on baseless ground and obtained interim
injunction by playing fraud on the court despite the knowledge of Caveat
Petition filed ... defendant claimed that the plaintiff was able to obtained exparte
interim injunction by playing fraud on the court.
5. It is stated that
such suits are often vehemently
pressed only till the stage of interim injunction and rarely succeed after trial.
Today when the entire judicial system reels ... base available with the plaintiff therein and compiled by the
plaintiff interim injunction was granted. Similarly another Single Judge of
this Court in Diljeet Titus
filed the reply to interim application as well as
application under Order 39 Rule 4 CPC for vacation of interim order by
raising the various ... nature of a
permanent injunction restraining the defendant No.2 from functioning
independently in India. As no relief, interim/temporary relief was granted
allowed
to be used by the defendants.
22. An ad-interim injunction order was passed against the
defendants on 28th August, 2008. Upon service, defendant ... while considering
a plea of passing off and grant of ad interim injunction held in no
uncertain terms that a person may sell his goods
SISTANI, J. (Oral)
1. Plaintiff has filed the present suit for permanent injunction restraining
trade mark and copyright infringement, passing off, dilution, acts of
unfair ... were issued on 24.04.2012 when an ex parte ad interim
injunction was granted in favour of the plaintiff and against the
defendants thereby restraining them
also filed
3
C/SCA/410/2014 CAV JUDGMENT
application for injunction / interim relief (Exh.5) whereon
the learned Court issued notice to the petitioners ... said first suit declaring
that the said suit and the injunction application is only for
infringement of copyright and accordingly he (i.e. the
plaintiff
SAHAI ENDLAW, J.
1. The question, whether in a suit for permanent injunction restraining
the defendants from infringing the copyright of the plaintiffs, a defence ... will not suffer by such delay,
since there is already an interim injunction in favour
of the plaintiffs and the defendants also are not
opposing
putting their
appearance the defendants willfully, deliberately and desperately
disobeyed the interim injunction order dated 28th August, 2008
passed by this Court by distributing ... while considering
a plea of passing off and grant of ad interim injunction held in no
CS (OS) No.1521/2008 Page
copyright. Summons were issued in the suit on 08.09.2011. An interim
injunction was granted against the defendant on 08.09.2011. Counsel for
the defendant entered appearance
