In a significant order dealing with trademark litigation and disclosure obligations, the Bombay High Court has vacated an ex-parte interim injunction granted earlier in a commercial intellectual property suit involving the mark “ELDER.”

The court emphasized that when a party seeks discretionary relief like an injunction especially ex-parte it must disclose all relevant facts that could influence the court’s decision.

In a significant order dealing with trademark litigation and disclosure obligations, the Bombay High Court has vacated an ex-parte interim injunction granted earlier in a commercial intellectual property suit involving the mark “ELDER.”

The court emphasized that when a party seeks discretionary relief like an injunction especially ex-parte it must disclose all relevant facts that could influence the court’s decision.

At the Srinagar wing of the Jammu & Kashmir and Ladakh High Court, a bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar on Thursday dismissed an appeal filed by National Insurance Company Limited. The insurer was seeking to overturn a compensation award granted to a family whose home was damaged during the devastating 2014 floods.

The case originates from a policy taken by late Shad Mohd Bashir, whose residential house at Sarai Payeen, Amira Kadal, Srinagar, had been insured since 2009. Though the policy was renewed annually, the company later claimed that it excluded flood and similar storm-related risks - referred to in technical jargon as “STFI” (Storm, Tempest, Flood, Inundation).