JUDGMENT

Amit Mahajan, J. - The appellant, Sun Pharmaceutical Laboratories Ltd. (hereinafter referred to as 'SUN'), has filed the present appeal impugning an order dated 29.04.2022 (hereinafter referred to as the 'impugned order') passed by the learned Commercial Court.

2. The learned Commercial Court, by way of the impugned order, dismissed SUN's application under Order 39 Rules 1 & 2 of the of Civil Procedure, 1908 (hereinafter referred to as 'the CPC') in the suit bearing no. CS DJ (Comm.) No. 300/19.

3. SUN had filed the suit, inter alia, alleging infringement of its trademark 'LETROZ' and passing off and seeking a decree of permanent injunction restraining the respondent (defendant) from using the trademark 'LETERO', in respect of the pharmaceutical product in question.

4. Sun claims to be one of the largest generic medicine manufacturing pharmaceutical companies in the world. Amongst other pharmaceutical products, it also manufactures a generic drug for second line treatment of advanced breast cancer containing an active ingredient 'LETROZOLE' under the trademark 'LETROZ'. Sun claims that it is doing so since 01.09.2001.

5. SUN applied for registration of the trademark 'LETROZ' fa