because another view is possible. It is also submitted that
refusal of temporary injunction would lead to immediate demolition,
causing of irreparable injury ... governing the grant or refusal of interlocutory injunction in trade
mark and trade name disputes. A refusal to grant an injunction in
spite
there is no infringement and the High Court was right
in refusing temporary injunction. Point 5 is decided
accordingly. Point 6: Passing off and infringement ... Thus, when wrong principles were applied by the
trial Court while refusing temporary injunction, the High
Court could certainly interfere. Point 7 is decided
accordingly
Code of Civil Procedure
(for short ‘ the CPC ’) praying for a temporary injunction restraining the
defendants from leasing, sub-leasing, alienating or encumbering the suit ... facie
case is in favour of the plaintiff, the Court will refuse temporary
injunction if the injury suffered by the plaintiff on account of refusal
disputed room, she has no legal right to obtain the injunction against the respondent in as much as her possession now is in the nature ... acquittal is on the ground that as the appellant had been refused temporary injunction and in the appeal against that order, she was described
respondent No. 1 against refusal of the temporary
injunction. Indeed, it is extraordinary that thereafter the
temporary injunction was granted in a review petition ... temporary injunction made in
the suit of respondent No. 1 thereafter, there was no basis
to grant the equitable relief of temporary injunction in
favour
respondent No. 1 against refusal of the temporary injunction. Indeed, it is extraordinary that thereafter the temporary injunction was granted in a review petition ... temporary injunction made in the suit of respondent No. 1 thereafter, there was no basis to grant the equitable relief of temporary injunction in favour
Thiru K. Palaniswamy vs M. Shanmugam on 23 February, 2023
Author: Dinesh Maheshwari
Bench: Hrishikesh
there is
no infringement and the High Court was right in
refusing temporary injunction. Point 5 is
decided accordingly."
In para 49 after referring
there is no infringement and the High Court was right
in refusing temporary injunction. Point 5 is decided
accordingly. Point 6: Passing off and infringement ... Thus, when wrong principles were applied by the
trial Court while refusing temporary injunction, the High
Court could certainly interfere. Point 7 is decided
accordingly
likely to be considered at
the interlocutory stage for granting or refusing temporary injunction.
Therefore, the option available under Section 33 read with Section
