SANDESH LIMITED Vs. TRANSMEDIA SOFTWARE LIMITED

JUDGEMENT

(1.) This Appeal from Order is placed before the Division Bench for consideration of following question of law referred by the Single Judge:-

(2.) In the Appeal from Order, the plaintiffs have challenged the order dated 03.04.2013 passed by the learned Additional District Judge, Ahmedabad (Rural) below application Exh.5 in Trademark Suit No.4 of 2013. In the suit, the plaintiffs sought relief against infringement of trademark. Pending the suit, prayer for interim injunction was made against the defendant using its trademark - "Sandesh Samachar". By order dated 03.04.2013, trial Court while issuing notice to the defendant on application for temporary injunction, recorded brief reasons for not granting ex parte ad interim injunction. The trial Court was of the opinion that not granting ex parte injunction would not cause irreparable damage to the plaintiffs which cannot be compensated in terms of money. This order of the trial Court has been challenged by the plaintiffs in the Appeal from Order.

(3.) When the Appeal from Order was taken up for hearing, learned Counsel for the defendant contended that the appeal was not maintainable. He placed reliance on the decision of the learned Single Judge in case of Gujarat Small Industries Corporation Vs. Rajkot Engineering Association, 1991 2 GLH 399. On behalf of the appellants, it was contended that view of the learned Single Judge in case of Gujarat Small Industries Corporation requires reconsideration. Single Judge (Akil Kureshi, J.) noticed that different High Courts had taken divergent views. Many of these decisions, though available, were not brought to the notice of the learned Single Judge in case of Gujarat Small Industries Corporation . Finding that the issue is one of considerable importance and would require an authoritative pronouncement by the Division Bench, the Single Judge referred the above noted question for consideration by the Division Bench.