JUDGMENT :

(Harish Tandon, J.) :

1. The instant appeal arises from an Order no. 20 dated 17.9.2021 passed by the Commercial Court in Title Suit no. 9 of 2020 disposing an application for injunction restraining the appellants or anyone claiming on his behalf from passing of his goods and business as that of the respondent by using the mark “GREEN SIGNAL” and/or any other mark which is identical with and/or deceptively similar to the respondents trade mark “SIGNAL” till the disposal of the suit.

2. There does not appear to be any dispute that the respondent is using the said mark “SIGNAL” for manufacturing, trading and selling of ZARDA since 1948. Initially, the said mark was used by a partnership firm in the name styled “R. A. Perfumery Works Pvt. Ltd.” by two persons namely, Md. Israil and Md. Alam. In order to protect the said mark which the said partnership firm perceived to have acquired good reputation and goodwill in the market, an application was made for registration of the said mark “SIGNAL” under Clause 34 since its use i.e. 23rd July, 1948 and the registration was obtained. Subsequently, one of the partners namely Md. Alam retired from the said partnership firm on and from