Diageo Brands B.V. & Anr. vs Alcobrew Distilleries India Pvt Ltd on 19 December
fact
that the learned ADJ did not grant ex-parte ad interim injunction, as
sought by the petitioner.
3. The suit relates to a property ... discretionary. There is no right that inheres, in
any party, to interim injunction under Order XXXIX. If, however, in
granting, or rejecting an application preferred
there is a clear case for grant an ex parte ad interim
injunction.
18. The plaintiff has impleaded Defendants 1 to 10 being the
websites ... following reliefs be granted in its favour:
a) An order for interim injunction restraining
Defendant Nos. 1 - 10 (and other such rogue websites/
domains/ entities
Court be pleased
to:-
I. Pass an order of interim injunction restraining the
Defendants, their partners, proprietors, their officers,
servants, agents and representatives ... other mode or manner;
II. Pass an order of interim injunction restraining the
Defendants, their partners, proprietors, their officers,
servants, agents and representatives
passing-off plaintiff's Trade Marks. That an ex-parte
interim injunction was passed in favour of the plaintiff by
order dated ... month of October, 2018 and there was an
exparte ad interim injunction vide order dated 29.10.2018
and thereafter plaintiff withdrew the said first suit
plaintiff
during the pendency of the plaintiff's interim injunction application.
Reply by defendant to the application
18. The defendant has contested the maintainability ... damages ultimately awarded, (c)
the time required for adjudication of an interim injunction
Signature Not Verified
12
CS (Comm) 383/2020
Digitally Signed
By:SUNIL
judgment disposes of IA 2821/2021, preferred by the
plaintiff, seeking interim injunction against the defendant.
Facts
2. The plaintiff alleges that the defendant
suit was a plain and simple suit for recovery of money.
No interim relief was claimed in the suit. Nor is there any averment ... month of October, 2018 and there was an
ex parte ad interim injunction vide order dated 29.10.2018
and thereafter plaintiff withdrew the said first suit
month of October,
2018 and there was an ex parte ad interim injunction vide
order dated 29.10.2018 and thereafter plaintiff withdrew the
said first suit
court -
****
(ii) for an interim measure of protection in respect of any of the following matters,
namely: -
(a) the preservation, interim custody or sale ... expedient for the purpose of
obtaining full information or evidence;
(d) interim injunction or the appointment of a receiver;
(e) such other interim measure