JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. This appeal, under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (CPC), impugns the order dated 25th September, 2020 of the Commercial Court-01, South District, New Delhi, allowing the application under Order XXXIX Rules 1 and 2 of the CPC of the respondent/plaintiff Black Diamond Motors Private Limited, in CS (COMM) No. 184/2020 filed against the appellants/defendants (i) Black Diamond Track Parts Pvt. Ltd. (ii) Black Diamond Equipments Pvt. Ltd. (iii) Raminder Singh Bhatia, (iv) Simardeep Singh Bhatia, (v) Parvinder Singh Bhatia, (vi) Charanpal Singh Bhatia, (vii) Satbir Singh Bhatia and (viii) Soumita Mitra wife of Simardeep Singh Bhatia, for permanent injunction to restrain infringement of trade mark and passing off and for ancillary reliefs.

2. The appeal came up first before us on 17th February, 2021 and thereafter on 1st March, 2021, when the counsel for the respondent/plaintiff appeared on advance notice. Finding, (a) that the respondent/plaintiff, for the same reliefs as claimed in the suit from which this appeal arises, had earlier invoked the territorial jurisdictio