The matter at hand involves an appeal filed against the grant of an ex parte
injunction in a trademark dispute. The key issues discussed in this article
revolve around the necessity of detailed reasoning on prima facie case, the
balance of convenience, and the application of Order 39 Rule 3 of the Code of
Civil Procedure (CPC) in determining the validity of the ex parte injunction.
The legal landscape in India, like many other jurisdictions, provides remedies
to parties who seek protection against potential harm to their rights during the
pendency of a lawsuit. One such remedy is the ex parte injunction, which is
granted without notice to the opposing party. However, the grant of such an
injunction is not without stringent requirements and checks. This article aims
to analyze the specific case mentioned and scrutinize the principles of a prima
facie case, balance of convenience, and the relevance of Order 39 Rule 3 CPC.
Prima Facie Case:
In the context of ex parte injunctions, establishing a prima facie case is of
paramount importance. The plaintiff must demonstrate that they have a valid
claim that merits protection through an injunction. In the case discussed, the
plaintiff asserted trademark registrations in their favor. To grant an ex parte
injunction, the court must be convinced that the plaintiff's case is not only
plausible but also substantial.
In the matter at hand, the plaintiff's assertion of trademark registrations in
"Sunday" in various classes suggests the existence of a prima facie case.
However, the court's role is not to definitively establish the rights of the
parties at this stage but rather to determine if there is a serious question to
be tried. The grant of the initial ex parte injunction seems justified based on
the prima facie case.
Balance of Convenience:
The balance of convenience is a delicate aspect of ex parte injunctions. It
entails an analysis of where the overall balance of justice lies, taking into
account the interests of both parties. In this case, the defendant is engaged in
the furniture business under the same brand name "Sunday" and offers products
similar to those of the plaintiff.
To assess the balance of convenience, the court must consider factors such as
the potential harm to the plaintiff if the injunction is not granted versus the
harm to the defendant if it is. Additionally, the court should weigh the public
interest and any financial consequences. Without a proper evaluation of the
balance of convenience, an ex parte injunction may become arbitrary and unjust.
The appellate court's observation that the trial court failed to record any
findings on the balance of convenience and irreparable injury is a significant
one. In a trademark dispute where both parties claim rights to the same brand
name, a thorough analysis of the balance of convenience is indispensable. It
ensures that the injunction serves the interests of justice.
Order 39 Rule 3 CPC:
Order 39 Rule 3 of the CPC is a procedural rule that governs the grant of ex
parte injunctions. It provides the framework within which the court must operate
when considering such injunctions. One of the crucial requirements under this
rule is the need for the court to record reasons for dispensing with the notice
to the defendant.
In the case under discussion, the appellate court rightly pointed out that the
trial court did not provide any reasons for dispensing with notice to the
defendant. This omission is significant, as it goes to the heart of the ex parte
injunction procedure. It is essential for the court to justify why notice was
not served to the defendant, as this step has a substantial impact on the
defendant's right to be heard.
The Concluding Note:
Ex parte injunctions are a powerful legal tool designed to protect the rights
and interests of parties during litigation. However, they should be granted
judiciously and in accordance with established legal principles. The case
presented highlights the importance of establishing a prima facie case,
evaluating the balance of convenience, and adhering to procedural requirements
such as those outlined in Order 39 Rule 3 CPC. The appellate court's decision to
remand the matter back to the trial court for fresh adjudication, with a
specific focus on these aspects, is a commendable step toward ensuring that the
principles of justice and fairness are upheld in the legal process.
Case Law Discussed:
Case Title: Matra Mobili Private Limited Vs Madanapalle Retail Pvt. Ltd.
Date of Judgement:11/09/2023
Case No.Commercial Appeal No. , 321of 2023
Neutral Citation No: 2023: KHC: 32601
Name of Court: Karnataka High Court
Name of Hon'ble Judge: G.Narender and Vijay Kumar S Patil, H.J.
Information and discussion contained herein is being shared in the public
Interest. The same should not be treated as substitute for expert advice as it
is subject to my subjectivity and may contain human errors in perception,
interpretation and presentation of the fact and issue involved herein.
Written By: Advocate Ajay Amitabh Suman
, IP Adjutor - Patent and
Email: [email protected]
, Ph no: 9990389539