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Supreme Court of India 2022-03-14 allowed

SHYAM SEL AND POWER LIMITED AND ANOTHER vs SHYAM STEEL INDUSTRIES LIMITED

Bench: 2 — L. Nageswara Rao, B.R. Gavai

In Brief

In this trademark infringement case, the Supreme Court reversed a Division Bench decision that had granted an interim injunction against Shyam Steel Industries. The core issue was whether a Single Judge's order merely postponing an interim injunction hearing and granting time to file replies constituted an appealable 'judgment' under the Letters Patent. The Court held that such procedural orders lack finality and do not directly affect vital rights, hence are not appealable. The Court further held the Division Bench erred by deciding the interim application itself instead of remitting it to the Single Judge, and emphasized appellate courts must not substitute their discretion for trial courts in interim matters absent perverse reasoning.

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Trade Marks Interim Relief Appellate Jurisdiction Interlocutory Orders Civil Procedure Passing Off

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