This is a defendant’s Miscellaneous First Appeal against the order dated 28.04.2016 on I.A.No.3 granting an adinterim exparte temporary injunction in favour of the plaintiff restraining the defendant from infringing the plaintiff’s well established registered trademark ‘MTR’ in running vegetarian restaurant and passing off the same by using the offending mark ‘MTC’ and ‘MTC Express’ which is deceptively and confusingly similar as that of plaintiff, till next date.

2. The respondent herein who is the plaintiff filed O.S.No.2314/2016 for permanent injunction restraining the appellant/defendant its servants, assigns or agents or any one claiming through it from in any manner infringing on its well established registered trade mark ‘MTR’ or any other trademark/trading style which are in any way deceptively similar to its registered trademark by using offending trade name ‘MTC’ and ‘MTC Express’ or any other deceptively similar trademark/trading style, etc. raising various contentions.

3. The plaintiff also filed I.A.No.1 under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure. The Trial Court, considering the application, by an order dated 23.03.2016 granted exparte injun