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2014 Supreme(All) 1803

PANKAJ MITHAL
ASHA AGARWAL – Appellant
Versus
ARVIND – Respondent


Advocates:
Counsel :
B.P. Singh, Prateek Kumar, A.K. Gupta and Vivek Kumar Singh for the Appellants; Manjari Singh and Kunal Ravi Singh for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri B.P. Singh, Senior Advocate assisted by Sri Prateek Kumar, learned counsel for the plaintiff-appellant and Sri Kunal Ravi Singh, learned counsel appearing for the defendants-respondents.

2. The order impugned is dated 27.1.2014 which has been passed in Original Suit No. 2 of 2011 (Smt. Asha Agarwal and others v. M/s. Arvind & Company and others).

3. The plaintiffs-appellants have been refused interim injunction by the Court of first instance in a suit for a decree of perpetual injunction in an action for passing off goods by the defendants-respondents as if they were good of the plaintiffs-appellants.

4. The application for interim injunction filed under Order 39 Rule 1 C.P.C. has been rejected on the ground that the plaintiffs-appellants have failed to make out a prima facie case for grant of interim injunction and consequently the balance of convenience is is not in their favour and they are not likely to suffer any irreparable loss in case injunction is refused.

5. The finding that the plaintiffs-appellants have no prima facie case has been returned primarily for the following three reasons:

(1) The firm Ravindra and Company that was u

















































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