July 2021

Week Duration: 17/07/2021 to 24/07/2021

Exercises on Specific Relief Act and How to Draft an

application for temporary injunction

Learning objectives:

● To understand the idea behind the Specific Relief Act, 1963.

● To understand the circumstances under which the Courts may or may not
grant relief under the Act.

● To learn how to draft an application for temporary injunction.

Reference Material:

Module 18: Specific Relief Act, 1963

Module 3: How to draft various applications

Exercise 1: Concept on Specific Relief Act, 1963

[Division of marks: 4+2+2+2]

Answer the following questions:

1. Explain with the help of an illustration and also mention the provisions of law

that regulate the following:

a. Temporary injunction

b. Perpetual injunction

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 [Hint:

● Part III of Specific Relief Act, 1963.

● Civil Procedure Code, 1908]

2. A entered into a contract with B for purchase of goods worth Rs. 30,000. B

failed to perform his part of the contract. However, in the contract, no clauses

regarding the damages to be paid on breach of contract were included. A

wants to file a suit against B for specific performance of the contract. Will A’s

suit be maintained/ entertained? Justify your answer with explanations of

relevant provisions and/or principles laid down by the Courts in judicial

precedents.

3. Would your answer in Question 2 differ if A and B had entered into a contract

consisting of antique vases? Justify your answer with explanations of relevant

provisions and/or principles laid down by the Courts in judicial precedents.

4. P, Q and R entered into a partnership agreement on 12.12.2020. There were

no clauses in the agreement regarding the time period for which the

partnership would be continued, and the division of assets and liabilities of the

partnership when the firm would enter dissolution. Pand R is really happy with

the partnership but Q does not wish to continue the partnership because of the

differences between him and P. Can Q go to the Court to get the partnership

dissolved? Justify your answer with relevant provisions/ case laws.

[Hint: section 14, Specific Relief Act, 1963]

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Exercise 2: Drafting of an application for temporary injunction

[10 marks]

Facts of the case:

1. A sole proprietorship named ‘Sui Dhaga’ was established in 1997. Sui Dhaga

is the registered Trademark of the proprietor. It deals in creating embroidery

designs on clothing and has its registered office at Kolkata in West Bengal. It

has a set of employed artists who create their own unique embroidery

designs. Since the last decade, ‘Sui Dhaga’ has become very famous for its

embroidery designs and has earned a reputation and name for its work

throughout India.

2. Another sole proprietorship named ‘Needles and Threads’ was established in

the year 2010. Its primary business is similar to that of ‘Sui Dhaga’ , i.e.

creating embroidery designs on clothing. ‘Needles and Threads’ have their

registered office in Delhi.

3. In the year 2020, ‘Sui Dhaga’ noticed that the unique designs that were

prepared by them were also being prepared by another company named

‘Needles and Threads’ having its office in Delhi, thereby infringing the

copyright of ‘Sui Dhaga’. It also impacted the company in its sales as the

sales of ‘Sui Dhaga’ fell drastically when ‘Needles and Threads’ began to earn

a name for itself.

4. A legal notice was immediately sent to ‘Needles and Threads’ and it was

asked to stop the production/ manufacture/ sale of its products resembling

that of ‘Sui Dhaga’. However, ‘needles and threads’ denied all averments
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 made in the notice and continued the production/ manufacture/ sale of its

products.

5. ‘Sui Dhaga’ filed a suit against ‘Needles and Threads’ seeking relief of a

decree of permanent injunction against them seeking :

a. restraining ‘Needles and Threads’ (defendant) from infringing the

copyright in the artistic work of ‘Sui Dhaga’ .

b. Further, from selling, distributing or otherwise making available to the

public its products,

c. Further seeking mandatory injunction directing the defendants to

destroy all the products with copied designs with immediate effect,

d. A decree of the nature of account of profits made by the defendant

from the sale of infringing copies of the plaintiff's artistic work,

e. An interest at the rate of 18% per annum compounded quarterly on the

amount found due to be awarded to the plaintiff and against the

defendants.

6. Even though the plaintiff has filed a suit for permanent injunction, the plaintiff

can not afford to let the defendant carry on the business as it is heavily

impacting the business of the plaintiff. Further, since the institution of the suit

for permanent injunction, the defendants have been trying every possible way

to scale up its production and sales and cover a larger market than the

plaintiff.

7. The plaintiffs want the defendants to stop their production/manufacturing/

sales infringing on their copyright, until further orders of the Court and for this,

they have been advised to take the remedy of temporary injunctions as

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 mentioned under section 37 of the Specific Relief Act, 1963. You are required

to draft an application for temporary injunction under Order XXXIX of CPC,

1908.

[Hint:

● When applying for temporary injunction you are required to show to the court

that:

○ The plaintiff has a prima facie case,

○ The balance of convenience is in favour of the plaintiff,

○ The plaintiff would suffer irreparable injury if his prayer for temporary

injunction is disallowed.

● You shall assume relevant facts that would help you to prima facie show to the

Court that the defendants have been infringing the rights of the plaintiff and

have been causing irreparable damage to the plaintiff. ]

GIG Exercise

Section 151 of the Civil Procedure Code, 1908 talks about inherent powers of
the court. As a general rule, powers under section 151 must not be exercised
when relevant provisions for the matter/ issue have been already provided for
in the Code. However, in Manohar Lal Chopra vs Rai Bahadur Rao Raja Seth
Hiralal , the Apex Court held that the courts have the power U/s.151 of Civil
Procedure Code to issue an injunction in cases not falling within Order XXXIX
Rule 1 and 2.

You are required to prepare a note of approximately 500 words on the same.
Share it as a LinkedIn post and tag Ramanuj Mukherjee, Abhyuday Agarwal,
Komal Shah, Yash Vijayvargiya, Anisha Agarwal, Radhalakshmi Radhakrishnan
and Mayank Sapra for a better reach.

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under applicable law.
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