JUDGMENT

V. Kameswar Rao, J. - I.A. 5109/2020 (filed by plaintiff under Order XXXIX Rules 1 and 2 CPC) & I.A. 6523/2020 (by defendant under Order 39 Rule 4 r/w Section 151 CPC to vacate / set aside ex-parte order dated July 03, 2020)

1. By this order I shall decide I.A. 5109/2020 filed by the plaintiff under Order XXXIX Rule 1 & 2 and I.A. 6523/2020 under Order XXXIX Rule 4 (''O39 R4'' for short) read with Section 151 of the Code of Civil Procedure, 1908 (''CPC'' for short) filed by defendant.

2. The case of the plaintiff in the plaint is that, it has continuously and extensively used the trademark ''DELHIVERY'' since the year 2011 for its logistics, transportation, management, etc. The mark was coined and adopted by its promoter in the year 2008. The plaintiff has experienced exponential growth since the year 2011 and has completed 600 million orders to around 120 million households with 75 fulfillment centers and secondary hubs and delivers around 1 million packages per day. The sales figures of the plaintiff company had reached approximately Rs. 2796.86 Crores for the year ending 2019-2020 with a growth of over Rs.1000 Crores over the sales of the previous year.

3. The plaintiff