Trademark dispute: Ex-parte order of ad-interim injunction unjustified

G.M. Sheik Vs Raja Biri Private Ltd. (Kerala High Court) Held that ex parte order of ad interim injunction granted before notice to opposite party under the proviso to Rule 3 of Order XXXIX C.P.C.. cannot be treated at part with other ex parte orders/decree. Facts- The dispute is pertaining to alleged infringement of trade mark and name of Raja Biri and Raja Bidi. The preliminary objection raised that the appeal will not stand as there is no provision for it against an ex parte interim order cannot be sustained in view of the legal position settled by the Apex Court in Venkatasubbiah Naidu v. ...