A.S. CHANDURKAR, J.

1. An order of injunction passed in the Trade Mark Suit filed by the respondents temporarily restraining the appellant from using the trade mark or trade name “City Collection” in any manner, whatsoever, for business purposes during pendency of the suit is the subject-matter of challenge in this appeal filed under Order-XLIII, Rule 1 (r) of the Civil Procedure Code, 1908 [for short “the Code”].

Parties in the appeal are being referred to by their original status in the suit.

2. It is the case of the plaintiffs that it is a Partnership Firm, duly registered and carrying on business since the year 2001 using the trade name “City Collection.” It carries on business of sale of mobile phones, cameras, perfumes etc. The said trade name has been registered under the Copy Right Act, 1957, on 29th August, 2013. Its application for registration of the trade mark “City Collection” under the Trade Marks Act, 1999 (for short “the said Act”) made on 28th December, 2011 was pending. According to the plaintiffs, their brand name was well recognized in business circles and that they had acquired immense goodwill and reputation in that regard. On account of prior adoption,