K. R. SHRIRAM, SENTHIL KUMAR RAMAMOORTHY
Anugraha Castings – Appellant
Versus
Anugraha Valve Castings Limited – Respondent
ORDER
(Order of the Court was made by the Hon’ble Chief Justice)
Shri H. Karthik Seshadri takes notice on behalf of respondent.
2. The appeal impugns an order dated 20.1.2025 passed by the Commercial Court, Coimbatore, at the ad-interim stage, in a suit filed by respondent (original plaintiff) against appellants (original defendants), where the main relief sought was permanent injunction restraining appellants from using the registered trademark or the deceptively similar trademark as that of the respondent company. Respondent has also sought reliefs of rendition of accounts, damages, etc.
3. Respondent functions in the name of “Anugraha Valve Castings Limited” and allegedly holds a registered trademark in its name. Respondent is in the business of making and selling castings in the registered name of respondent company. It is respondent’s case that appellants are using deceptively similar trademark unauthorisedly and are also in a business similar to that of respondent. Respondent, therefore, sought temporary injunction restraining appellants from selling its products under the mark “Anugraha Castings”.
4. By the impugned order, the trial court has proceeded beyond the relief soug
Maria Margarida Sequeira Fernandes vs. Erasmo Jack De Sequeira
(1) An ad interim injunction shall not be granted in derogation of right of opposite party.(2) An order passed without issuing notice to opposite party cannot be brought under purview of Section 36 C....
“3A Where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which....
Ex parte injunctions must be granted with full disclosure of relevant facts, ensuring that operational impacts on established rights are weighed before issuance.
The court granted an ex parte injunction against defendants for trademark infringement, finding prima facie merit in the plaintiff's claim and recognizing potential irreparable harm.
Point of law: Learned Single Judge is already seized of the controversy and has listed the matter day after, it would not be proper for this Court to interfere with the impugned orders at this junctu....
The duty of fair disclosure and the exceptional nature of without notice applications, emphasizing the importance of time-limited injunctions and the reserved liberty for the Defendants to apply for ....
Learned Single Judge is already seized of the controversy and has listed the matter day after, it would not be proper for this Court to interfere with the impugned orders at this juncture.
appellant has not filed any objection/application before the Trial Court under Rule 4 of Order 39 C.P.C. to vacate the ex-parte ad-interim injunction. Therefore, it cannot be said to be a final order....
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