JUDGMENT :

Goutam Bhaduri, J.

1. The instant miscellaneous appeal filed by the appellant/plaintiff against the order dated 19.10.2022 passed by the Judge, Commercial Court (District Level), Nava Raipur, Chhattisgarh in Commercial Suit Class-A/3/2022, whereby the application (I.A. No.1/2022) for grant of interim relief filed under Order 39 Rule 1 & 2 of the CPC has been dismissed.

2. The appellant/plaintiff ABIS Exports India Private Limited claiming itself to be a company duly incorporated under the Companies Act stated that :-

- they are engaged in the business of manufacturing and selling livestock feed, poultry products, FMCG products, edible oil, dairy products and allied range of products and also runs chain of restaurants under the well known ABIS Marks;

- the company was incorporated in the year 1985 by four brothers namely Amir Ali, Bahadur Ali, Iqbal Ali and Sultan Ali and according to their first alphabet names ABIS was established;

- the appellant and sister concerns are also engaged in Indian Agro and Food Industries and working under the company brand name ABIS;

- the product manufactured by the appellant bearing trademark ABIS is being used continuously and extensively since 1998;

- it has various offices in the State of Chhattisgarh and more than 10,000/- employees working in the offices located at Rajnandgaon, Raipur and Hyderabad, etc. and over a period of time they have received a tremendous response from the market, traders and the general public and thereby acquired goodwill and reputation over the period of time;

- with the passage of time they diversified its business in various fields i.e. manufacturing, distributing, importing, exporting, stocking, marketing and selling of various livestock feeds including poultry, fish and shrimp, poultry and dairy products, edible oil and allied range of FMCG products under the name ABIS Gold, ABIS Feed, ABIS Rice, ABIS SHRIMP, ABIS Grower, ABIS Brooder, ABIS Starter, ABIS Finisher, ABIS Silver, ABIS Rice Plus, ABIS Star, ABIS Soya Power, ABIS Star Soya, ABIS Acustar, ABIS Laziz, ABIS Soya DOC and ABIS Dairy;

- the company is also registered as ABIS Trademark. According to the appellant, apart from poultry, livestock feed and dairy products by adopting and using labels in respect of its ABIS range of products and services, one of its flagship products, being soya bean oil is manufactured and sold by the appellant under the mark ABIS Gold and the same is being sold by the appellant since 2007;

- the appellant through its in-house designer have designed a new artwork/packaging/trade dress for the said goods bearing the trademark ABIS Gold under the ABIS Label and was being used openly, continuously and extensively with a view to distinguish its goods from those of others;

- the appellant has also spent substantial amount of money on publicity, advertisement and sales promotion as also on research and development to popularize the said ABIS marks, ABIS label and the goods and services offered thereunder;

- the appellant spent considerable amount on advertising and promotional initiatives and for the financial year 2021-22 the sales of the appellant was to the tune of Rs.636.18 crores (approx.) and appellant had posted on the domain name www.ibgroup.co. in which is accessible to public from any part of the world;

- the appellant also offers the product in the e-commerce platform and portals and the soyabean oil under the product ABIS Gold is being sold to different purchasers and therefore, is a well known trademark under the provisions of the Trade Marks Act, 1999 (hereinafter referred to as 'the Act, 1999');

- the appellant alleged that in the year 2021 the appellant found that the respondent was manufacturing and marketing products i.e. detergent cake/ washing powder &soap/hand wash/dish wash/toilet cleaners/bleaching substances under the infringement trade mark ABIS Gold, which is identical and deceptively similar to the product of the appellant ABIS label;

- having came to know abou