BADAR DURREZ AHMED, J.

1. This appeal is directed against the order passed by a learned single Judge of this court on 06.09.2016 in IA No.10139/2016 which was an application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred as ‘CPC’). The said application was filed by the respondent/plaintiff (ITC) in its suit being CS (Comm) 1128/2016.

2. ITC had filed the said suit seeking an injunction restraining the appellant/defendant (Britannia Industries Limited) from violating its purported rights in the packaging/trade dress of its product “Sunfeast Farmlite Digestive – All Good” biscuit by allegedly using a deceptively and confusingly similar trade dress for its “Nutri Choice Digestive Zero” biscuit. An injunction was sought for restraining Britannia from, inter alia, passing off ITC’s alleged rights in the trade dress/packaging/label and dilution of the mark etc.

3. The learned single Judge has, by virtue of the impugned order, granted an interim injunction against Britannia and in favour of ITC in the following manner:-

“44. An interim