Clinique Laboratories LLC & ANR. Vs. M/S Gufic P. Limited & ANR. 
INSC 1134 (15 June 2009)
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4109 OF
2009 (ARISING OUT OF SLP(C) NO.14283 of 2009) M/S CLINIQUE LABORATORIES LLC
& ANR. .....APPELLANTS) VERSUS O R D E R Leave granted.
heard learned senior counsel appearing on behalf of the appellants as well as
Court of Delhi by the impugned order dt.29.05.2009 stayed the operation of the
judgment passed by the learned Single Judge granting injunction in favour of
the appellants on 16.12.2008 which was subsequently made absolute by the order
It is an
admitted fact that the appellant was on caveat. The High Court did not grant
any time to file counter. The appellants had the benefit of injunction in its
favour eversince 16.12.2008.
considered opinion, the High Court ought not to have suspended the operation of
injunction order even at the stage of admission of F.A.O.
circumstances, we find it difficult to sustain the impugned order. The impugned
order is accordingly set aside. We, however, request the High Court to dispose
of the appeal without being influenced by the interim order granted on
29.05.2009. The appeal is accordingly allowed. There shall be no order as to
is granted to the parties to request the High Court to advance the hearing of
.............................J. ( B.SUDERSHAN REDDY)
.............................J. ( AFTAB ALAM )
JUNE 15, 2009.