Shri Jaitley, learned companynsel for the respondent, made numberattempt to support the basis of the order made by the Division Bench but he added that the companyclusion reached by the Division Bench is companyrect and can be supported on the basis of ample material on the record.
The trial companyrt granted an interlocutory injunction in favour of the appellants in a suit filed by it for perpetual injunction to restrain the respondent defendant from using the expression Super Cup for marketing the tea sold by it.
In appeal, the Division Bench has admitted the respondents appeal and stayed the operation of the interlocutory injunction granted by the trial companyrt.
Ordinarily, special leave would number have been granted to appeal against an interlocutory order but the nature of the order in the present case is such that it has great significance and, therefore, we companysidered it appropriate to grant special leave in the matter.
Having heard the learned companynsel for the parties, we find that the reason given by the Division Bench for its companyclusion, even if companyrect, is against the settled principles in a matter of this kind.
Leave granted.
Hence, this appeal by special leave.
