2025:UHC:5766-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS AO/164/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Ms. Shairon Tyagi, Ms. Anjali Bisht & Ms. Savita Bhandari, Advocates for the appellant, through video conferencing. 2. Dr. Ajar Rab, Advocate for the caveator/respondents. 3. This appeal is directed against order dated 22.03.2025 passed by learned Additional District Judge, Commercial Court, Dehradun. By the said order, the temporary injunction application filed by the plaintiff (respondent herein) was allowed. 4. Appellant has challenged the said order, mainly on the ground that, without considering the three relevant factors, namely (i) prima facie case, (ii) balance of convenience and (iii) irreparable injury, learned Commercial Court was not justified in allowing the temporary injunction application. By the order impugned, the defendant to the suit (appellant herein) was restrained from using the name ‘the Doon School’ directly or indirectly, during pendency of the suit and defendant nos. 2 to 5 were also restrained from publishing any report, article or 2025:UHC:5766-DB video in relation to the ‘Doon School’ during pendency of the interim injunction. 5. We find substance in the submission made on behalf of the appellant. Perusal of the impugned order reveals that learned Commercial Court failed to consider the relevant aspects, which were required to be considered, namely (i) prima facie case, (ii) balance of convenience and (iii) irreparable injury. 6. On this short point alone, we allow this Appeal, set aside the impugned order dated 22.03.2025 and remand the matter back to learned Commercial Court for deciding the temporary injunction application afresh. We hope and expect that learned Commercial Court will decide the injunction application filed by the plaintiff (respondent herein), within three weeks. For a period of three weeks or till disposal of the temporary injunction application, whichever is earlier, appellant shall not use the name ‘Doon School’ directly. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 04.07.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF5 6D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.07.11 19:28:18 +05'30'