Wander Ltd. & Anr. v. Antox India (P) Ltd., (1990) Supp SCC 727

This case sets the Wander rule: An appellate court should not replace the trial court’s view on interim injunctions unless the trial court used its discretion in an arbitrary, capricious, or perverse way, or misapplied settled injunction principles. A different possible view is not enough to interfere.

• Core idea: Respect the trial court’s discretionary judgment at the interim stage.
• Trademark angle: The Division Bench also erred in appreciating the respondent’s claimed user for passing off.

1. Can appellate courts interfere with interlocutory orders passed by lower courts?

• Non-substitution principle: Appeals do not substitute discretion unless the trial court acted arbitrarily, capriciously, perversely, or ignored settled law.
• No reappraisal: Appellate courts should avoid reweighing interim evidence to reach a fresh conclusion.

• Appellate restraint: Do not substitute discretion unless the trial court’s order is arbitrary, capricious, perverse, or legally misdirected.
• No re-trial: Avoid reappraising interim evidence to reach a fresh conclusion.
• Error found: Division Bench exceeded appellate limits and also faltered in assessing the respondent’s user claim for passing off.

Interim orders are discretionary. Appellate interference lies only for arbitrary/capricious/perverse exercise or clear legal error—not because another view is possible.

• Protects stability of interim adjudication.
• Prevents appeals from becoming re-trials.
• Guides High Courts on the narrow scope of review at the interlocutory stage.

• 1 Appellate courts defer to trial court’s interim discretion.
• 2 Interfere only for arbitrariness, perversity, or legal misdirection.
• 3 Different view ≠ ground to upset the order.
• 4 Passing-off/user claims must be carefully, not expansively, read on appeal.

Mnemonic: “ACP Test” — Arbitrary • Capricious • Perverse.

• If none apply, don’t interfere.

3-Step Hook:

1. Did the trial court apply correct injunction principles?
2. Is the order arbitrary/capricious/perverse?
3. If not, maintain the status of the order.

Interlocutory Injunction

Temporary court order to preserve position till trial.

Judicial Discretion

A judge’s choice among lawful options, guided by principles.

Perverse

A decision no reasonable judge would reach on the material.

Passing Off

Protects goodwill against misrepresentation of source.