JUDGMENT

1. The appellant has filed the present appeal impugning an order dated 04.08.2022 (hereafter 'the impugned order') passed by the learned Commercial Court, whereby the appellant's application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereafter 'the CPC') was dismissed and the respondents' application under Order XXXIX Rule 4 of the CPC was allowed.

2. Respondent no. 1, a partnership firm constituted by respondent nos. 2 and 3 as its partners, is engaged in the business of running a restaurant under the name SANJHA CHULHA in Faridabad, Haryana. The appellant, a registered partnership firm with Mr Nand Kishore and Mr Suresh Kumar as its constituent partners, is also engaged in a similar business and operates a restaurant by the same name in New Delhi. The appellant had sought interim orders, inter alia, restraining the respondents from using the trademark and name "SANJHA CHULHA" or any other deceptively similar marks, claiming that use of the said mark infringes its trademarks and amounts to passing off. The said prayer for interim relief was rejected and this has led the appellant to file the present appeal.

FACTUAL CONTEXT

3. The appellant claims th