DHARIWAL INDUSTRIES LTD. vs M/S. M.S.S. FOOD PRODUCTS

The Supreme Court upheld the trial court's decision to grant an interim injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, in a passing off action concerning the trademarks 'Malikchand' and 'Manikchand'. The Court found that the plaintiff established a prima facie case and that the balance of convenience favored the plaintiff, as the defendants' use of a deceptively similar mark could cause irreparable harm to the plaintiff's reputation and business. The High Court's dismissal of the defendants' appeal was affirmed, emphasizing the need for expeditious trial resolution.