S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court
Live LawObserving that scope of granting ad interim injunction is limited, the Kerala High Court has held that Courts must be vigil and cautious while granting the relief ex parte without notice to the counter petitioner or defendant.Justice P. Somarajan further added that the scope of relief to grant interim injunction should be pertaining to the matters incorporated under Section 135 of the. Observing that scope of granting ad interim injunction is limited, the Kerala High Court has held that Courts must be vigil and cautious while granting the relief ex parte without notice to the counter petitioner or defendant. When the Appeal came before the Court, it was contended that the Trial Court is well within the jurisdiction of grating even an ex parte ad interim injunction without notice to the counter petitioner/appellants by virtue of Section 135 of the Trade Marks Act. While ordering ad interim injunction and ex parte ad interim injunction, the court must be more vigilant and cautious about the exception carved out under sub-section, and there should be a prima facie satisfaction that the matter would not fall under the exception so carved out, besides the grounds available for the exercise of jurisdiction under sub-section 2 of Section 135 of the Act," the Court said.