JUDGMENT :

I. P. Mukerji, J.

SHORT BACKGROUND

I will refer to the parties by their names. It would be more convenient in that way to deal with this case.

2. An interim judgment and order dated 12th December, 2022 was passed by the learned Court below in an interlocutory application in a suit filed by Poulami Mukherjee against Duckbill Drugs Pvt. Ltd. (Duckbill) alleging infringement of seven trademarks over which she had proprietary rights acquired through a deed of assignment executed in her favour by Duckbill, the registered owner of those marks. The learned court refused to grant an order of injunction restraining Duckbill from using the marks.

3. In those circumstances, the present appeal was filed in this court by Poulami.

4. On 24th January, 2023 the appeal and the connected application for injunction (FMAT 9 of 2023 with CAN 1 of 2023 & CAN 2 of 2023) came up before this court for admission and consideration of an interim order.

5. An affidavit of service was filed. We recorded in our order passed on that day that apart from the second respondent Swapan Kumar Mukherjee, an ex-director of Duckbill and father-in-law of Poulami, no other respondent was represented in court.

6. Upon scr