Civil Procedure Code, 1908

Order 39 Rules 1 & 2
Injunction not to proceed in a suit .
Ex-parte ad-interim injunction issued restraining the Appellants, their agents and representatives from proceeding further with the complaint pending on the file of the United States International Trade Commission, Washington DC, USA under Section 337 of the United States Trade Tariff Act . Mere expense and inconvenience are not the grounds for the grant of anti-suit injunction . Indian courts have power to grant the interim order in the anti suit injunction but each case is decided upon its own circumstances .
HELD since the two causes of action are different therefore the action filed by the Appellants before USITC is not an action for infringement of patent and a suit or a suit of civil nature but the same is before the USITC which is having a limited role to play pertaining to unfair practices in import trade and unlawful activities.