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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
D.N.RAY, SUNITA AGARWAL
Avriva Solutions – Appellant
Versus
Avriva Skintech Private Limited – Respondent
| Table of Content |
|---|
| 1. filing appeal and injunction orders. (Para 1 , 2) |
| 2. parties involved and allegations of trademark infringement. (Para 3 , 4 , 5) |
| 3. defendants’ arguments regarding the competency of the plaintiff's suit. (Para 6 , 7) |
| 4. legal authority of directors to file lawsuits. (Para 8 , 9 , 10) |
| 5. procedural requirements for filing suit by a company. (Para 11 , 12 , 13 , 14) |
| 6. suit as competent unless specifically barred. (Para 15 , 16) |
| 7. impact of directorial misconduct on the company's standing to sue. (Para 17 , 18) |
| 8. upholding trial court’s decision on the rejection of the application. (Para 19) |
| 9. basis for granting interim injunction. (Para 20 , 21 , 22) |
| 10. dismissal of appeals and costs. (Para 23 , 24) |
JUDGMENT :
SUNITA AGARWAL, CJ.
1. The above noted petition and connected Appeal from Order have been filed by the defendants against the orders passed by the trial court in rejecting the application under Order VII Rule 11 CPC and granting injunction under Order XXXIX Rule 1 CPC; respectively. They have been heard together and are being decided by this common order with the consent of the learned counsels for the parties.
2. By the order dated 19.04.2025, the Trial Court has r
A company cannot sue on behalf of itself unless authorized by a Board resolution, but initial competence regarding representation can be a trial issue.
Point of law : without there being a ratification by the Company, solely on the basis of Order XXIX Rule 1 of CPC, a suit can be instituted by a Director or any other principal officer of the Company....
The Court emphasized that on an application under Order VII Rule 11 CPC, only the contents of the plaint are to be considered, and the alleged violation of statutory law cannot be determined without ....
The court emphasized the importance of urgency in seeking interim relief, the authority of the plaintiff's representative to institute the suit, and the jurisdiction based on the provisions of the Tr....
The findings recorded in the order granting or refusing injunction are to be looked into only in connection with the three basic ingredients, i.e. prima facie case, balance of convenience, and irrepa....
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