Pradeep Nandrajog, J.

1. We remind ourselves of the opinion rendered by a Three Judge Bench of the Supreme Court reported as 1990 (Suppl) SCC 727 Wander Ltd. & Anr. v. Anton India Pvt. Ltd. : ‘While deciding intra court appeals against the exercise of discretion by a Single Judge, the Appellate Court would not interfere with the exercise of discretion by the Court of First Instance and substitute its own discretion, except where the discretion has been shown to have been exercised either arbitrarily, or capriciously or perversely or where the Court has ignored settled principles of law regulating grant or refusal of interlocutory injunction. Appeal against exercise of discretion is said to be an appeal on principle.’

2. The appellant, in the business of running ‘Spas’ i.e. leisure hotels has two luxurious Spas; one in Mauritius and the other in India. The appellant is the registered proprietor of the service mark ‘ANANDA’ as also is the registered proprietor of the same word as a trademark pertaining to ayurvedic and herbal preparations, toiletries, bread, biscuits and cakes. The appellant is in business since the year 1998 and as of the year 2009, when the suit seeking