Kapoor
JUDGMENT
J.D. Kapoor, J.
1. This is a Quia Timet suit i.e. action against apprehended or threatened invasion.
2. The plaintiff ... Corporate name has rendered the defendant liable for Quia Timet Action or not.
16. Quia Timet is actually a Latin word which means "because
submitted that the present plaint
was in the nature of quia timet action where the cause of action included an
apprehension of injury within ... Court. He had, however,
submitted that the present suit was a quia timet action and the plaintiff
apprehended that defendant no. 1 would launch
Plaintiff. In other words, this suit is in the nature of quia timet
action. The Plaintiffs urge that the Court can entertain such action,
even ... above averments in the
present plaint, which is in a quia timet action, are prima facie
sufficient to show that Defendant No.2 "carries
Competition Act, 2002 , the petitioner is entitled to maintain a quia timet action. Learned counsel further submitted that though specific allegations have been made naming ... entitled to invoke the jurisdiction of this Court for a quia timet action. Quia timet is an extraordinary relief granted by Courts to prevent irreparable
favour
and the plaintiffs have filed this suit to take a quia timet action in order to
prevent the injury which they are likely ... defendant and take recourse under the principle of Quia
Timet Action. It is also argued that in State Trading Corporation of India
Limited vs. Government
Mumbai.
Learned Sr. Counsel Shri Sanjwanwala submitted that it is a quia-timet
action and prima face it has to be established about the jurisdiction ... filed on mere apprehension. He submitted that as it is a quia-timet
action there has to be some material and whatever has been produced
defendant's proposed launch of
their products as a Quia timet action. The defendant was fully aware of the
plaintiffs' trademark TONI ... using the trademark TONI & GUY.
7. The issue of Quia timet came up for consideration before this Court in
Mars Incorporated (supra) wherein
Competition Act,
2002 , the petitioner is entitled to maintain a quia timet action. Learned
counsel further submitted that though specific allegations have been made
naming ... entitled to invoke the jurisdiction of this Court for a quia
timet action. Quia timet is an extraordinary relief granted by Courts to
prevent irreparable
suitable injunction. The suit was filed by them as a quia timet action on account of reasonable apprehension on the act of infringement.
10.Similar ... takes place in addition to damages and accounts. The term "quia timet action" has been defined as an action instituted by a party
institute revocation proceedings in Madras High Court is a misguided quia timet action.
8. The learned Senior Counsel for respondents Mr.P.S.Raman inter ... respondents. The learned Senior Counsel would further submit that the quia timet action (any action by the appellant, which would cause irreparable loss
