- Court
- Telangana High Court
- Date of judgment
- Judge
- N. V. Shravan Kumar
- Outcome
- Set aside
Headnote
Appeal allowed and the injunction restraining publication of the medical textbook set aside. The Division Bench accepted that the plaintiffs had made out a prima facie case, the publishing agreement having the character of an assignment with provisions for royalties and accounting, and held that the balance of convenience lay with the defendants, since restraining publication would deprive students of the latest edition. The appeal turned on the third ingredient: the plaint itself quantified the loss in money and sought damages, which showed that the plaintiffs could be adequately compensated, so irreparable injury was not established. The Commercial Court had failed to apply that settled requirement.
Disposition
Allowed. The temporary injunction restraining publication set aside.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.