Case Title: Anugraha Castings Vs Anugraha Valve Castings Limited:Date of Order: 28 January 2025:Case Number: C.M.P. No. 1969 of 2025 :Name of Court: High Court of Judicature at Madras:Name of Judge: Hon’ble Chief Justice K.R. Shriram and Hon’ble Mr. Justice Senthilkumar Ramamoorthy
The respondent, Anugraha Valve Castings Limited, filed a suit against Anugraha Castings and another for permanent injunction and other reliefs, alleging unauthorized use of a deceptively similar trademark and trade name in the same line of business. The Commercial Court at Coimbatore passed an ex parte ad-interim injunction on 20 January 2025, restraining the appellants from using the word "Anugraha" in their business. The appellants challenged the order before the High Court.
The dispute involved the legality and necessity of the ex parte order, particularly in light of the respondent's prior knowledge of the appellants' use of the name since 2018 and the absence of any pressing urgency.
The High Court discussed that the trial court had exceeded the relief sought and that no emergent situation was demonstrated to justify an ex parte injunction. It referred to the Supreme Court’s judgment in Maria Margarida Sequeira Fernandes v. Erasmo Jack De Sequeira, (2012) 5 SCC 370, reiterating that ex parte orders must be passed only in cases of real urgency with specific justification, and after due consideration of pleadings and documents.
The Court stayed the impugned ex parte injunction, holding that it was harsh, procedurally unjustified, and passed without sufficient cause or urgency, causing undue hardship to the appellants.
