The question of granting temporary injunctions is always a
knotty one, and requires establishing whether the injunction-seeker
has a prima facie case, whether the balance of convenience
lies in their favour, and if the temporary injunction is not
granted, that the they would suffer irreparable loss or injury. The
challenge before a court is to determine which facts must be
considered when assessing the request for such an injunction.
This issue came up in a recent application moved before the
Madhya Pradesh High Court, as part of a six-year long continuing
design case, involving a wide range of fora – trial courts,
the registrar of designs, the High Court and the Supreme Court. The
High Court, in Skol Breweries Ltd. Vs. Som Distilleries and
Breweries Ltd. (M.A. No.2745/2018, Order of 14 November 2018), said
that while deciding an appeal against the rejection of a temporary
injunction, and while forming an opinion as to whether a prima
facie case was established or
