AKIL KURESHI, MOHINDER PAL
Sandesh Limited – Appellant
Versus
Transmedia Software Limited through Jasmin B. Shah – Respondent
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
Gujarat Small Industries Corporation vs. Rajkot Engineering Association
R. Vishwanathan & Others vs. Gajambal Ammal & Others
State of West Bengal & Others vs. Shivananda Pathak & Others
Patel Jasmat Sanghaji vs. Gujarat Electricity Board
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.