Badar Durrez Ahmed, J.

“The hurrier I go, the behinder I get” – Lewis Carroll, Alice in Wonderland.

1. This appeal is directed against the judgment dated 08.08.2016 delivered by a learned Single Judge of this Court, whereby the suit filed by the appellants/plaintiffs has been dismissed at the admission stage itself. The learned Single Judge, inter alia, invoked the provisions of Order XIIIA of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’) in dismissing the appellants/plaintiffs’ suit.

2. The appellants/plaintiffs had instituted the suit against the respondents/defendants for permanent injunction restraining infringement of trade mark, passing off, dilution of goodwill, unfair competition, rendition of accounts etc.. Essentially, the claim of the appellants/plaintiffs was that the respondents were using the trade mark ‘PRIVEE’ which was identical to or deceptively similar to the trade mark of the plaintiffs – MBD PRIVE and PRIVE. The plaintiffs are, inter alia, in the hotel business.

3. The appellants/plaintiffs had filed the said suit as a commercial suit because the damages claimed by them were to the extent of Rs. 1 crore which satisfied the defin