party interests. The Trial Court vide order dated
02.04.2021 granted ad interim injunction in favour of the plaintiff-
respondent No.1 and directed the parties ... which cannot be compensated in
monetary terms in case the ad-interim injunction is not granted.
The learned counsel for the plaintiff-respondent
file a written
statement and reply to the application for interim injunction has been
rejected.
5. Brief facts leading to filing of the present petition ... regards interim arrangement, had been extended for a period
of four weeks from the date of initiation of hearing of application for
interim injunction
hearing both the parties, the Trial Court declined to
extend the interim injunction and consequently, interim
5
injunction filed by the defendant ... learned Judge has virtually misconstrued the interim relief
sought by the plaintiff. The plaintiff has sought for interim
injunction to restrain the defendant from using
trademarks and copyrights etc., has sought ad-interim injunction against the
respondents/defendants from using its registered trademark "TATA" for
business purposes ... proceed with the suit in Delhi, yet declined to grant ad-interim injunction,
when he otherwise did not doubt the appellant's intellectual property
whereas vide an
application Exh.6-7, notice of motion for interim
injunction had also been preferred. It appears
that vide an order dated ... prayer 9(b) was also
attached with the application for interim
injunction.
4.2. It appears that the respondents had appeared
on the next date
notice to the
defendants/counter petitioners, an ex parte ad
interim injunction was granted restraining the
defendants from doing their business. The suit was
filed ... well within the jurisdiction of granting even an
ex parte ad interim injunction without notice to
FAO NO. 94 OF 2022
5
the counter petitioners
right conclusion.
There is yet another aspect
as to why no interim
injunction can be granted in
the present application for
the reason both ... thereon.
Therefore, this Court finds
that no case for grant of
interim injunction is made
out in favour of the FRL and
against Amazon
seeking vacation of the above-noted ex-parte ad-interim
injunction.1
1
After reserving this matter, another application bearing I.A. No. 12330/2021 ... ordinary".
clarification of the ex-parte ad-interim injunction granted vide order dated 23rd February, 2021, seeking that
the Defendant be allowed
urgent interim
relief which the Plaintiff seeks in the overall facts and circumstances of a
particular case.
16. The importance of an interim injunction ... injunction must follow.
Mere delay in bringing action is not sufficient to
defeat grant of injunction in such cases. The
grant of injunction also becomes
read with Section 151 CPC seeking ex-parte ad-interim injunction
against the defendants)
1. The suit has been filed seeking perpetual and mandatory injunction ... injunction must follow. Mere delay in
bringing action is not sufficient to defeat grant of
injunction in such cases. The grant of injunction also
becomes
