Effect of Malafides on Interim Relief in Infringement Cases

Good faith is absolutely necessary for obtaining interim relief from the Court. Where the plaintiff suppresses any material fact from the Court for the purpose of obtaining the interlocutory relief, the order shall become susceptible to being dissolved on the ground of lack of bonafides and for misleading the Court.

The recent case Bucyrus Europe Limited & Anr. V. Vulcan Industries Engineering Company Pvt. Ltd 2005 (30) PTC 279 (Cal) (DB) exemplifies this principle

This case arose as an appeal by Bucyrus Europe Limited, against the order passed by the trial Court wherein the trial Court refused to grant exparte injunction order and directed a notice to the defendant Vulcan Industries. Along with the appeal Bucyrus also filed a petition for the grant of exparte ad interim order of injunction. The High Court granted the exparte ad interim order restraining Vulcan from manufacturing, selling, stocking for sale, offering for sale, marketing, advertising and