High CourtsSingle Bench(2023) 05 KL CK 0207

M/s SMB Enterprises vs M/s Foab Solutions Pvt. Ltd

High Court Of Kerala · Decided on 26 May 2023

HON’BLE JUDGES
Sathish Ninan, J
RESULT
Allowed
CASE NUMBER
First Appeal From Orders No. 43 Of 2023

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Judgment

7 paragraphs · 260 words

Sathish Ninan, J

1.

An ad-interim order of injunction in a suit under the Designs Act, 2000 is under challenge in this appeal.

2.

I have heard the learned counsel on either sides.

3.

I do not consider it necessary to go into the merits of the rival contentions since the order impugned, as noticed, is only ad-interim in nature.

4.

A perusal of the order shows that, but for stating that the court is prima facie satisfied, there is no indication as to what are the materials on which the court entered such satisfaction. Ofcourse, the order being ad-interim in nature an elaborately discussed order is not expected. Be that as it may, since the issue is live before the court, it would be sufficient if final orders are passed on the interlocutory application expeditiously. The ad-interim order need not be maintained till then.

Resultantly, the F.A.O is allowed. The order impugned is set aside. The court shall hear and pass final orders on I.A.No.1/2023 as expeditiously as possible and at any rate on or before 09/06/2023. I clarify that though I have interfered with the ad-interim of injunction, I have not expressed anything on the merits, and the Court shall pass final orders on the application on its merits after appreciating the materials on record.

The learned counsel for the respondents brings to the notice of the Court that the application presently stands posted to 12/07/2023. The court shall have the matter suo moto advanced to 30/05/2023 to enable hearing and disposal within the time frame indicated supra.