In Brief
In this civil appeal concerning trademark infringement, the Supreme Court addressed the appealability of a Single Judge's procedural order under Clause 15 of the Letters Patent. The Single Judge had granted time for the defendant to file an affidavit and postponed an interim injunction hearing by three weeks. The Division Bench interfered and granted the interim injunction. The Supreme Court held that the Single Judge's order, being merely procedural without any conclusive determination, was not a 'judgment' appealable under the Letters Patent. Even if appealable, the Division Bench improperly substituted its discretion without showing the Single Judge acted arbitrarily. The Court set aside the Division Bench order and remitted the matter to the Single Judge to decide the interim application according to the established three-test principle (prima facie case, balance of convenience, and irreparable injury).
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