Yashram Lifestyle Files Contempt Plea Against ABFRL in HC
On 25th September 2021, the Karnataka High Court granted a complete, ex-parte temporary injunction limiting ABFRL (Aditya Birla Fashion & Retail Limited) (defendant) from selling or manufacturing sanitary undergarments patented by the Yashram Lifestyle (Plaintiff). In simple words, Yashram Lifestyle files a contempt plea against ABFRL in Karnataka High Court. In this blog, we will discuss this case.
Yashram Lifestyle files contempt plea against ABFRL – Background of the Case
The women’s fashion brand Yashram Lifestyle has filed a contempt plea against ABFRL in the Karnataka High Court for selling & manufacturing patented products. It has filed a motion of censure in the High Court of Karnataka for “intentionally having disobedient” court order and demanded foreclosure on the company’s assets.
However, Yashram Lifestyle claims that Aditya Birla Fashion & Retail Limited has continued to sell, manufacture, and market patented products on its e-commerce website and several other channels, thereby disobeying a court order. The Karnataka High Court said that the alleged Patent Infringement causes hardship to the plaintiffs who have invented or created the product in concern.
Karnataka High Court: “Not Issuing Temporary Injunction would amount or cause hardship to Plaintiffs.”
The High Court issued an ad-interim temporary injunction, and the one made earlier was absolute and added that if the temporary injunction was issued, it would cause no hardship to the defendant; however, not discussing the same would amount to causing hardship to the plaintiff.
The Court has ordered, “I believe that the plaintiffs have made out a case to issue the temporary injunction and temporary injunction is already issued, and the same is in action; hence this Court has to make it as complete instead of cancelling the ad-interim temporary injunction issued in favour of the plaintiffs. Also, the application filed by the plaintiff under Order XXXIX Rules 1 & 2 of CPC is allowed, and the injunction issued earlier is made as absolute.
Further, the Court added, “If a temporary injunction is issued, it will not cause any hardship to the defendant, or otherwise it amounts to cause hardship to the plaintiffs, and the balance of convenience or benefit is in favour of the plaintiffs.
Other than Yashram Lifestyle’s contempt plea against ABFRL in Karnataka High Court, Yashram has other cases against retail and e-commerce giants like Clovia, Myntra, Lavos, and Juliet. It has also been claimed that these giant companies have violated their Patent. Yashram claimed that the Session Court had given provisional bans on Myntra & Clovia. Contempt for litigation is also said to be in operation against Clovia & Myntra for deliberate disobedience to the orders of the Session Court.
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