BADAR DURREZ AHMED, J.

1. The appellants (‘Intex’) are aggrieved by the judgment and/or order dated 24.12.2016 delivered by a learned single Judge of this court in IA No.17138/2013, which was an application filed under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (‘Code’) in CS(OS) 2060/2013, filed by the respondents (‘AZ Tech’). The said suit and application were filed in respect of the trade mark ‘AQUA’. The respondents filed the said suit seeking a permanent injunction against the appellants (‘Intex’) restraining them from using the mark ‘AQUA’ in respect of mobile phones/cellular phones. The case was one of purported passing off. By virtue of the impugned judgment and/or order, the learned single Judge has allowed the application (IA No.17138/2013) filed by the respondents under Order XXXIX Rules 1 & 2 of the Code and has restrained Intex from using the mark “AQUA” or any other deceptively similar mark in respect of cellular/mobile phones and their accessories. Of course, when the present appeal came up for hearing on 06.01.2017, we had granted st