Midas Hygiene Industries P. Ltd. & Anr. v. Sudhir Bhatia & Ors.

Brief facts

The trial court granted an interim injunction in favour of the appellants in an action for infringement of trade mark and copyright. A Division Bench of the High Court vacated the injunction on the ground of delay and laches. The appellants appealed.

Issues before the Court

Whether delay alone justified vacating an interim injunction in an infringement action.

Court's findings

The Court held that this was a fit case for an interim injunction, which should have been granted and continued, and that the Division Bench was entirely wrong in vacating the injunction merely on the ground of delay and laches (para 7). All observations were prima facie.

Decision

Impugned order set aside and the trial court's injunction restored; no order as to costs.

Important paragraph references

Para 7: delay and laches; para 8: disposal.

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