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