INDUS CLOSTHING LIMITED Vs. INDUS LEAGUE CLOTHING LIMITED
LAWS(DLH)-2007-9-149
HIGH COURT OF DELHI
Decided on September 28,2007

INDUS CLOSTHING LIMITED Appellant
VERSUS
INDUS LEAGUE CLOTHING LIMITED Respondents

JUDGEMENT

Thakur, J - (1.) In a passing off action brought before a Single Judge of this Court on the original side, the plaintiff appellant made an application for an ad interim injunction under Order 39 Rules 1 and 2 for an injunction restraining the defendants, their agents and assignees from entering into any agreement and/or enforcing any commercial arrangement among themselves or with any third party with a view to passing off the goods of the defendants as that of the plaintiff pending final disposal of the suit. The learned Single Judge has by the order impugned in this appeal dismissed the said application, on the ground that the agreement which the plaintiff appellant sought to prevent had already been entered into between defendants No. 1 and 2 on 14th August, 2006 and 14th September, 2006, i.e. much prior to the filing of the suit and the applications.
(2.) Appearing for the appellant, Mr. Manmohan Singh argued that the prayer made by the plaintiff was two fold, viz., (i) restraining the defendants from entering into any collaboration agreement; and (ii) restraining them from passing off their goods as that of the plaintiff appellant. He urged that while the first part of the prayer may have become infructuous for the reasons stated by the learned Single Judge, the second part of the prayer made by the plaintiff ought to have been examined on its merits and disposed of in accordance with law. Inasmuch as the Single Judge failed to do so, argues Mr. Singh, he committed an error.
(3.) On behalf of respondent No.1, it was on the other hand submitted by Mr.Nayyar that the prayer made in the interim application was limited to an order of injunction against the defendants restraining them from entering into a collaboration agreement. There was, according to Mr. Nayyar, no prayer for an injunction restraining the defendants from passing off their goods as that of the plaintiff. There was therefore no occasion for the learned Single Judge to examine the question as to whether the defendants were actually passing off their goods as that of the plaintiff, nor was there any room for issuing any injunction in that regard.;


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