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1992 Supreme(Cal) 82

Umesh C.Banerjee
Brooke Bond India Ltd – Appellant
Versus
C. Patel And Company – Respondent


Judgment

1. THE law in regard to the grant of interlocutory injunction in an infringement action is now well-settled both in this country and in England.

2. LORD Denning in Hubbard vs. Vesper; [1972 (2) WLR 3891 observed :

"In considering whether to grant an interlocutory injunction, the right course for a Judge is to look at the whole case. He must have regard not only to the strength of the claim but also to the strength of the defence, and then decide what is best to be done. Sometimes it is best to grant an injunction so as to maintain the status quo until the trial. At other times it is best not to impose a restraint upon the defendant but leave him free to go ahead."

In Granda Group Limited vs. Ford Motor Company Limited, (1973j RPC; 49, the House of Lords also quoted the above-noted observations with approval. The Delhi High Court in Malhotra Industries vs. Ropa Industries [ilr 1976; (1), Delhi 278j also followed the same.

3. CONSIDERING the above it is seen, therefore, that no rigid or strict rules can be made applicable in the matter of grant of interlocutory injunction but the matter is to be considered in a broader perspective, considering the entirety of the facts of the c






















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