application
came up for consideration for grant of adÂinterim injunction
before the learned Single Judge on 2 nd April 2019. The learned
Single Judge ... file the reply and had neither granted nor refused an interim
injunction. Shri Rohatgi submitted that the order of the
learned Single Judge is neither
Code of Civil Procedure , 1908 ( CPC ) seeking interim injunction against the
defendants, restraining the defendants from using the tagline
"STIMULATES MIND. ENERGIZES BODY ... passing an interlocutory
order including of grant or refusal of an interim injunction--
once the objection as to invalidity of registration is taken
Along with the
plaint, the plaintiff has moved an application for
interim injunction.
4. The defendant has resisted the same and has also
filed ... trademark. It is prayed by the defendant to
reject the interim injunction application. The
defendant has also filed an application under Order 7
Page
which,
I.A.No.334 of 2017 was allowed granting interim injunction restraining the
respondents therein, their agents, successors or anybody on their behalf
from ... under Order 39 Rules 1 and 2 CPC for grant of interim
injunction, restraining the 1st respondent, his representatives, successors
or anybody on his behalf
Code of
Civil Procedure , 1908 ( CPC ) for grant of interim injunction and the
CS(COMM) 426/2019 Page 1 of 27
Signature Not Verified
Digitally ... Rule 4 of
the CPC for vacation of ex parte ad-interim injunction granted by this Court
vide order dated 13th August, 2019.
3. Vide
Court has disallowed the application filed by the
plaintiffs-appellants for interim injunction, the original
plaintiffs have preferred this Appeal from Order under
Order ... with the Plaint, the plaintiff has also filed Exh-5 for
interim injunction. After considering the pleadings of both
the parties and hearing both
subject patent', therefore, this application be
allowed by granting ad-interim injunction in favour of the
plaintiffs/applicants.
5. On the other hand, learned ... sound judicial
discretion in granting or refusing the relief of ad interim
injunction pending the suit."
15. In F. Hoffmann-LA Roche
Judge,
Vadodara, whereby the application preferred by the
original plaintiff for interim injunction was rejected, the
plaintiff has preferred this Appeal from Order under Order ... Along with the suit, plaintiff had also moved an
application for interim injunction vide Exh-5.
3.3 The application for interim injunction moved
interim arrangement pending adjudication of the interlocutory applications.
As regards the mark ''Hitech'', the order of interim injunction was extended
subject ... admittedly opened
after the interim order. By referring to paragraph 50 of the counter to the
applications for interim injunction, he pointed out that
years have passed and no orders have been passed in the interim
injunction application in the said suit. He further submits that the judicial
officers ... Plaintiff has sought interim injunction and permanent injunction coupled
with rendition of accounts of profits till the date an injunction order is
passed. Therefore
