Search Results for "irreparable loss"

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Search Results for "irreparable loss"

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High Court

Bombay High Court Grants Interim Injunction to Plaintiff in Trademark Infringement and Passing Off Case. The court restrained the defendant from using deceptively similar 'PRINCE' and crown device marks for PVC pipes, finding a strong prima facie case of infringement and passing off.

6 Dec 2024

The plaintiff, Prince Pipes and Fittings Ltd., a Mumbai-based company, has been using the mark 'PRINCE' and a 'crown device' since 1987 for manufactur...

High Court

Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Commercial Suit for Specific Performance of Share Pledge Agreement. Court holds that a prima facie case for specific performance of a contract to create a pledge is made out when the contract is clear and the plaintiff has performed its obligations.

23 Jun 2022

The appellant, World Crest Advisors LLP, filed a Commercial Suit against Catalyst Trusteeship Ltd and others seeking specific performance of a share p...

High Court

INTERIM APPLICATION NO.1075 OF 2023

14 Jan 2026

The plaintiff, Usha Sunder Premises CHS Ltd., a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960 with 25 members,...

High Court

Bombay High Court Allows Defendant's Evidence in Civil Suit Despite Delay Due to Jaundice — Sets Aside Evidence Closed Order to Prevent Irreparable Loss. The court held that denial of opportunity to lead evidence, especially when a counterclaim is filed, amounts to failure of justice and can be interfered with under Article 227 of the Constitution.

19 Mar 2018

The petitioner, Prakash Premnath Gaikwad, was the second defendant in Regular Civil Suit No. 13 of 2012 pending before the Civil Judge Junior Division...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — Petrofer Chemie and Hardcastle Petrofer v. United Petrofer Limited. Use of identical mark 'PETROFER' by defendant for similar industrial chemicals constitutes prima facie infringement under Section 29 of the Trade Marks Act, 1999.

6 Nov 2025

The plaintiffs, Petrofer Chemie H.R. Fischer GMBH & Co. KG (a German company) and Hardcastle Petrofer Private Limited (an Indian company), filed a com...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — No Interference with Trial Court's Discretion Under Order 39 CPC. The Court held that the trial court's refusal to grant injunction was not perverse and the appellate court should not substitute its own discretion.

8 Jun 2023

The present appeal arises from an order passed by the trial court refusing to grant a temporary injunction in favor of the appellants/plaintiffs. The ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Temporary Injunction in Property Dispute — Sale During Pendency of Suit Held Subject to Lis Pendens. The Court upheld the concurrent findings of the trial and appellate courts that the purchasers failed to establish a prima facie case for injunction as the sale was hit by lis pendens under Section 52 of the Transfer of Property Act, 1882.

28 Nov 2013

The petitioners, Manoj Ratilalbhai Chouhan and his wife Rajashri, filed a suit for declaration of ownership and permanent injunction in respect of Sho...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Injunction Order in Construction Dispute — Upholds Appellate Court's Restraint on Construction Within Setback Area. The court held that the balance of convenience favoured the respondents and the petitioners failed to show irreparable loss, as the construction would block light and air to the respondents' property.

3 Mar 2023

The petitioners, original defendant nos. 1(a) and 2 in Regular Civil Suit No.76/2009/C, challenged the judgment and order dated 11.05.2022 passed by t...

High Court

Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — Prima Facie Case and Balance of Convenience Found in Favor of Appellants.

30 Dec 2020

The appellants, who are the plaintiffs in the suit, filed an appeal against the order of the trial court rejecting their application for temporary inj...

High Court

Bombay High Court Allows Arbitration Appeal Against Rejection of Section 9 Application for Appointment of Receiver in BOT Road Contract Dispute. The court held that the appellant contractor had a prima facie case and was entitled to appointment of a receiver to collect tolls pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

16 Nov 2013

The appellant, Ashoka Buildcon Ltd., a construction company, entered into a Build-Operate-Transfer (BOT) contract with the State of Maharashtra for im...

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