Ex Parte Interim Injunctions Require Careful Consideration: Gujarat HC

Intellectual property lawsuits are often about obtaining interim relief in the form of injunctions against parties, sometimes without the court giving them an opportunity to be heard. Usually, the court considers factors of whether a prima facie case has been established, if balance of convenience lies in favour of the complaining party, and whether irreparable loss is likely to be caused if such relief is not granted. In its decision in a copyright infringement suit, in Kinjal Lalitbhai Dave vs. Red Ribbon Entertainment Private Limited (R/Appeal From Order No. 18 Of 2019 With Civil Application No. 1 Of 2019, Order dated 24 January 2019), the Gujarat High Court held that when granting an interim injunction in the absence of the defending party, the court must record reasons as to why delay in granting the injunction would affect the case.