9911796707
TMI Blog2003 (1) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... rk deceptively similar thereto and passing of any Khara packets with labels affixed thereon which is deceptively similar to the lable used by the plaintiff. He also sought for the relief of a direction to the defendant to render a true and faithful account of the profits earned by the defendant through the manufacture and sale of packets Bhavani Khara and direct such profits to be paid to the plaintiff by way of damages for the infringement of plaintiff s trademark and passing of all goods by the defendant. He also filed a petition in I.A. No. 274 of 2001 under order 39, rules 1 2 C.P.C. seeking an interim injunction restraining the defendant from manufacturing and marketing of Bhavani Khara in packages carrying the lable containing the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... design Chakra and the competent authorities under the statute have registered the two trade marks for the use and trade in the name and style of M/s. Veeralaxmi Industries, Manthani. Appellant further contends that it is the plaintiff who is deceptively copying the registered trademark of him and doing clandestine business. It is also his contention that the observation of the lower court that the appellant has started the business on 1-11-2000 is not correct and that the appellant in his applications before the Registrar stated clearly that he is manufacturing Khara since the year 1992. 5. Discussion relating to facts is not necessary for disposal of the present appeal. The appeal is against an ex parte injunction order granted again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the interlocutory injunction, it is stated. . . . is to protect the plaintiff against injury by violation of his rights for which he could not adequately be compensated in damaged recoverable in the action if the uncertainty were resolved in his favour at the trial. The need for such protection must be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. The court must weigh one need against another and determine where the balance of convenience lies. The interlocutory remedy is intended to preserve in status quo, the rights of parties, which may appear on a prima f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lay. Nowhere in the impugned order the learned Additional District Judge even stated that delay in issuing the notice of the application to the opposite party would defeat the object of granting the injunction. The impugned ex parte order is fairly an elaborate order. Many reasons mentioned in it relate to prima facie case, balance of convenience etc. As already noticed no reasons are mentioned to show that ordering notice and consequential delay would defeat the object of granting injunction. The general rule is that no injunction should be granted without notice to opposite party. The exception is that it can be granted without notice where the court felt that the object of granting of such injunction would be defeated by delay if not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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