entitled for relief of temporary injunction as
there is no prima facie case made out by plaintiffs for granting
temporary injunction and the relief sought ... irreparable loss or no hardship would cause to plaintiffs if
temporary injunction is refused. It is further stated that since
the suit itself
entitled for relief of temporary injunction as
there is no prima facie case made out by plaintiffs for granting
temporary injunction and the relief sought ... irreparable loss or no hardship would cause to plaintiffs if
temporary injunction is refused. It is further stated that since
the suit itself
Court to deny temporary injunction would not
subsist. Hence, cloud on maintainability of suit stood cleared.
26. But, denial of temporary injunction by first appellate ... such circumstances, prudence
commend refusal of the injunction as a prudent course
and discretion is better exercised by refusing the
injunction sought for....expending
source of grant of temporary injunction, then it appears
to us that though passing of an order of temporary
injunction in respect of non-suit ... temporary injunction, it is not feasible to grant
temporary injunction before this Court as sought for by
the appellant-plaintiff, when the application for
temporary
supra, it is authoritatively held that the Court will refuse
temporary injunction if the injury suffered by the plaintiff
11
MFA No.1602/2018 ... 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
therein that where a Trial Court in a civil suit refused to grant temporary injunction and an appeal against refusal to grant injunction has been ... therein that where a trial Court in a civil suit refused to grant temporary injunction and an appeal against refusal to grant injunction has been
this Court has observed thus:
"Granting or refusal of temporary injunction rests on the sound exercise of discretion by the trial Court. Such exercise ... Jang Bahadur of its judgment has observed thus:
"The order refusing temporary injunction is of a discretionary character. Ordinarily Court of Appeal will
their trade or business.
18. In order to grant or refuse to grant temporary injunction, three factors have to be kept in view-
(i) Whether ... prima facie case for an order of temporary injunction, I decline to grant an order of temporary injunction in favour of the plaintiffs
balance of convenience lies not in favour of granting temporary injunction. While refusing the temporary injunction the defendant could be put on some terms ... Madras Pg 31
In all these cases the Courts have refused grant of temporary injunction on the ground of delay, when the suit for infringement
appeal preferred by a party against the granting or refusal of temporary injunction by the lower Court. In that Ruling, it is held as follows ... Granting or refusal of temporary injunction rests on the sound exercise of discretion by the Court. Such exercise of discretion cannot be lightly interfered with
