#Interim Injunction

The High Court ruled that a trial court's refusal to grant police aid for enforcing an interim injunction is revisable under Article 227 where the plaintiff was forcibly dispossessed during the suit. It directed police assistance to restore possession, holding that interim orders must be effectively enforced to prevent self-help. This strengthens protection for plaintiffs facing forceful dispossession pending litigation.

Bombay HC Division Bench grants Section 9 injunction to doctor-investors, barring land alienation to protect specific performance claim after 21-year developer default on delivery and IOD, reversing Single Judge's denial. The decision underscores Section 9's role in preventing arbitration frustration where prolonged inaction threatens the subject matter.

The Delhi High Court held that ACNE SCAR/ACNE+SCAR/ACNESCAR is deceptively similar to ACNESTAR, applying the essential features test despite get-up variations, and granted an interim injunction with a two-month stock recall.

The Delhi High Court stayed a promoter’s termination, holding that dismissal in breach of the shareholders agreement warrants interim relief under Section 9 of the Arbitration Act, 1996, protecting promoter rights pending arbitration.

Delhi HC denied an interim injunction in a copyright suit, holding the plaintiff failed to prove prima facie ownership via disputed wills and certificate, and held that copyright plaintiffs must establish authorship-derived assignment to secure interim relief.

The Bombay HC granted an interim injunction under Section 9 of the Arbitration Act, restraining non-signatory associate Udayak Agro from ‘SURE’ water and confidential information, applying Section 9 to indirect breaches and setting a 4-week disclosure deadline.

Calcutta HC vacated the ex parte order against influencers who posted heavy-metal test results of an Ayurvedic product. The decision sets a high bar for interim injunctions in defamation, shielding critics who test products for safety.

The Delhi High Court held that a claim of commercial disparagement succeeds only if the advertisement conveys a false or misleading overall impression to the average consumer, not when it isolates truthful statements about ingredients. The ruling clarifies the standard for comparative ads affecting FMCG brands and advertisers.

The Calcutta High Court set aside an interim injunction in a defamation suit, ruling the trial court erred by not applying the Bonnard Principle. A plaintiff must prove the defence of truth is certain to fail at trial - not merely establish a prima facie case - to obtain pre-trial restraint. The decision raises the threshold for interim relief in defamation, strengthening free speech protections.

A corporate defendant successfully invoked the Section 35 bona-fide use defence to retain a family name in its trademark, prompting the Bombay High Court to modify the earlier interim injunction. The ruling clarifies that companies may lawfully use surnames when use is genuine, affecting future trademark litigants.

The Division Bench affirmed the Single Judge’s finding that ‘NOVIETS’ is deceptively similar to the well-known mark ‘NOVARTIS’, considering visual and phonetic resemblance in the pharmaceutical sector. The court reiterated that appellate interference with interim injunctions is warranted only where the order is perverse or ignores settled principles, dismissing the appeal filed by Noviets Pharma.

The Bombay High Court ruled that a party cannot obtain an interim mandatory injunction to revive a determinable contract; the dispute must proceed to arbitration, with the Rs 1 lakh caution money kept in escrow. This curtails injunctive relief in commercial contracts and reinforces arbitration clauses.

The Gujarat High Court affirmed that a trial court may invoke Section 151 CPC to return possession to a lessee who has been unlawfully dispossessed while the underlying suit is pending. It clarified that even a mis-stated statutory citation does not defeat the court’s inherent jurisdiction. This ruling safeguards lessees’ rights to possession during protracted litigation.

Delhi High Court ruled that a plaintiff can obtain a Section 12A exemption when a continuing IP infringement case demands urgent interim relief, permitting the court to order release of title deeds against cash security. This clarifies that mediation waiver is available for time-sensitive IP disputes, affecting commercial litigants seeking swift injunctive relief.

The Bombay High Court held that cosmetic changes to an infringing trademark-like altering font or colour-do not meet Order XXXIX Rule 2A CPC standards for an interim injunction. Thus, only substantive cessation of the infringing use avoids contempt and civil imprisonment.