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Important Legal Definitions

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Cross-Undertaking as to Damages

Judicial Orders, Injunctions & Precedents

Definition

An equitable undertaking given by a plaintiff seeking an ex-parte interim injunction, promising to indemnify and pay damages to the defendant for any financial loss suffered if the injunction is later discharged as unjustified.

Example

In a pharmaceutical patent dispute before the Delhi High Court, the plaintiff patentee files a formal undertaking as to damages to compensate the generic manufacturer if the patent is ultimately found invalid during trial.