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2015 Supreme(Guj) 957

AKIL KURESHI, MOHINDER PAL
Sandesh Limited – Appellant
Versus
Transmedia Software Limited through Jasmin B. Shah – Respondent


JUDGMENT :

AKIL KURESHI, J.

1. This Appeal from Order is placed before the Division Bench for consideration of following question of law referred by the Single Judge:

Whether an order passed by the Trial Court issuing notice in an interim injunction application filed by the plaintiff without granting ex-parte injunction with or without recording reasons, is appealable under Order 43 Rule 1 of CPC?

2. In the Appeal from Order, the plaintiffs have challenged the order dated 03.04.2013 passed by the learned Additional District Judge, Ahmedabad (Rural) below application Exh.5 in Trademark Suit No. 4 of 2013. In the suit, the plaintiffs sought relief against infringement of trademark. Pending the suit, prayer for interim injunction was made against the defendant using its trademark - Sandesh Samachar. By order dated 03.04.2013, trial Court while issuing notice to the defendant on application for temporary injunction, recorded brief reasons for not granting ex-parte ad interim injunction. The trial Court was of the opinion that not granting ex-parte injunction would not cause irreparable damage to the plaintiffs which cannot be compensated in terms of money. This order of the trial Court ha




























































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