This legal article delves into the intricate dynamics surrounding the
significance of irreparable loss and damages at the interim injunction stage,
drawing insights from a recent case before the Hon'ble High Court of Telangana.
The case involves a dispute over copyright infringement, where the plaintiff,
despite successfully establishing a prima facie case, stumbled in demonstrating
The subsequent decision by the High Court of Delhi to set aside the interim
injunction order adds a layer of complexity to the discourse on the delicate
balance between intellectual property protection and the necessity of
irreparable harm for injunctive relief.
The granting of interim injunctions occupies a crucial space in legal
proceedings, particularly in cases involving intellectual property rights. A
nuanced interplay exists between establishing a prima facie case and
demonstrating irreparable loss and damages, as exemplified by the case before
the Hon'ble High Court of Telangana.
The Prima Facie Case:
The plaintiff's success in presenting a prima facie case hinged on the
production of a deed of assignment, effectively showcasing the transfer of
copyright in the disputed textbook from the appellants to the plaintiff. The
trial court, recognizing the strength of this evidence, allowed the application
for a temporary injunction, restraining the defendants from further printing,
publishing, or distributing the copyrighted material.
The Quandary of Quantified Damages:
A pivotal moment arose when the plaintiff quantified the damages and loss at an
ascertainable amount of Rupees one Crore. This self-assessment by the plaintiff
raised a critical question regarding the existence of irreparable loss and
injury. The court was now faced with a situation where the financial impact
seemed quantifiable, potentially leading to a reevaluation of the necessity for
The High Court's Decision:
In response to the plaintiff's own estimation of damages, the High Court of
Delhi intervened by setting aside the interim injunction order. The court's
rationale rested on the principle that, despite the establishment of a prima
facie case, the plaintiff failed to fulfill the essential requirement of
demonstrating irreparable injury. The court's decision reflects a cautious
approach, underscoring that a mere prima facie case, no matter how robust, does
not automatically warrant interim injunction if irreparable harm is not
The Concluding Note:
The case analysis highlights the intricate dance between establishing a prima
facie case and demonstrating irreparable loss in the context of interim
injunctions. It serves as a reminder that, even with a strong initial showing,
the necessity of irreparable harm remains a pivotal factor in judicial
considerations. This delicate equilibrium ensures that injunctive relief is
reserved for situations where the potential harm transcends mere quantifiable
damages, contributing to a judicious and balanced legal framework.
The Case Law Discussed:
Case Title: L. Prakasam Reddy Vs Paras Medical Publishers
Date of Judgement/Order:09/11/2023
Case No. Civil Misc Appeal No: 318 of 2023
Neutral Citation No: N.A.
Name of Hon'ble Court: Telangana High Court
Name of Hon'ble Judge: Alok Aradhe N.V.Shravan Kumar, Hj
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