JUDGMENT :

R. BANUMATHI, J.

1. Leave granted.

2. This appeal arises out of judgment and order dated 05th January, 2016 passed by the High Court of Kerala at Ernakulam in FAO No. 2 of 2016 in and by which the High Court has affirmed the order of the Trial Court passed under Order XXXIX Rule 2A of the C.P.C. and also the sentence of imprisonment of one week imposed upon the respondent.

3. Brief stated facts are as under. The respondent-Mambally’s Bakery filed a suit for permanent injunction restraining the appellant from passing off the goods by using respondent’s trade mark “Mambally’s Bakery” or any other trade mark deceptively identical or similar to the respondent’s mark and also to restrain the appellant from wrongfully selling the product using the trade mark “Mambally’s Bakery.” The Trial Court vide Order dated 04.11.2015 granted the interim injunction and the same was served upon the appellant on 09.11.2015. In the said suit the Trial Court appointed an advocate Commissioner who inspected the appellant’s shop on 07.11.2015 and submitted a report on 26.11.2015 wherein the Commissioner stated that the appellant is conducting the bakery and tea shop business and tea cakes and masala