(1.) The issue involved in this appeal is whether the trial Court has used the discretion arbitrarily, capriciously or perversely while allowing the temporary injunction of the plaintiff/respondent. The issue is whether the trial Court was justified in injuncting the defendant/appellant from infringing the registered trade mark of the plaintiff/respondent without giving any finding on the relevant issues. Whether the trial Court has satisfied itself about the trinity test prior to restraining the defendant from passing off its goods as those of plaintiff/respondent.
(2.) Learned Advocate Shri Agrawal has a grievance about expressing any opinion by this Court on the basis of available materials and if any opinion is expressed it would be in violation of the law laid down in case of Wander Ltd and another vs Antox India Pvt. Ltd, 1990 Supp SCC 727. He also relied upon the observations in case of Skyline Education Institute (India) Pvt. Ltd. Vs S.L. Vasawani and another, 2010 2 SCC 142. Whereas according to learned Advocate Shri Bhansali there is no lacuna in the order and consideration of the materials [which was already available before the trial Court] by this Court does not amount to violation of the principles laid down in Wander Ltd and another vs Antox India Pvt. Ltd,(supra).
(3.) So the principal questions which arise before me are -
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