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1997 Supreme(SC) 1599

B. N. KIRPAL, J. S. VERMA
Godfrey Phillips India – Appellant
Versus
Girnar Food And Beverages Private LTD. – Respondent


ORDER

1. Leave granted.

2. The trial court granted an interlocutory injunction in favour of the appellants in a suit filed by it for perpetual injunction to restrain the respondent-defendant from using the expression "Super Cup" for marketing the tea sold by it. In appeal, the Division Bench has admitted the respondents appeal and stayed the operation of the interlocutory injunction granted by the trial court. Hence, this appeal by special leave.

3. Ordinarily, special leave would not have been granted to appeal against an interlocutory order but the nature of the order in the present case is such that it has great significance and, therefore, we considered it appropriate to grant special leave in the matter.

4. Having heard the learned counsel for the parties, we find that the reason given by the Division Bench for its conclusion, even if correct, is against the settled principles in a matter of this kind. Shri Jaitley, learned counsel for the respondent, made no attempt to support the basis of the order made by the Division Bench but he added that the conclusion reached by the Division Bench is correct and can be supported on the basis of ample material on the record. In our opin





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