TAMIL NADU

Interim injunction a discretionary relief: court

K.T. Sangameswaran

CHENNAI: Interim injunction is a discretionary relief and for seeking the relief, one should come to court with clean hands, the Madras High Court has said.

The court allowed civil miscellaneous appeals by Shivco Prints and Rangrez Process Private Ltd., of Ahmedabad challenging the orders of the Principal District Judge (PDJ), Tiruvallur, granting interim injunction restraining them from infringing the registered design of Kankaria Syntex Private Limited, Ahmedabad, with regard to lungis or sarongs manufactured and marketed by them and from passing off their trademark in respect of the “centre patta” design.

Agreeing with the appellants’ counsel, S. Prabhakaran, Justice S. Tamilvanan said Kankaria Syntex who filed the suits before the PDJ, Tiruvallur, had not disclosed anything before the trial court about the earlier suits filed by the appellants against it before the City Civil Court, Ahmedabad, which were pending disposal. The Judge said the grounds canvassed in the appeal that there was suppression of material facts and forum shopping by the respondent were not ruled out as baseless on the facts and circumstances. It could not be construed that the respondent had any prima facie case and balance of convenience so as to grant interim injunction in its favour.

Without considering the pendency of the earlier suits in Ahmedabad, the PDJ, Tiruvallur, could not have granted interim injunction as there was no prima facie case. It could not be construed that there was any irreparable loss or injury to the respondent.

The appellants and the respondent, the real contestants, were admittedly having their head office in Ahmedabad. The earlier suits between the contesting parties were pending before the city civil court, Ahmedabad. In such circumstances, merely by adding uninterested parties at Tiruvallur as defendant in the suits, who had remained absent and were also set exparte, Kankaria Syntex could not create a new cause of action against the appellants in order to get interim injunction, Mr.Justice Tamilvanan said setting aside the impugned orders of the PDJ.

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