JUDGMENT

Sanjeev Sachdeva, J. Appellant impugns order dated 06.04.2021, whereby a Learned Single Judge has allowed the application of the respondent/plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 and restrained the Appellant (Defendant in the Suit) from manufacturing, marketing, selling, offering for sale or advertising its goods i.e. spices by using the mark "Gai Chaap", device of "COW" and the other essential features of the label and trade dress of the Respondent/Plaintiff either in isolation or in conjunction and deception in the course of trade and thereby passing off its goods as that of the plaintiff's.

2. Respondent/Plaintiff filed the subject Suit contending that the predecessor of the Respondent, Karol Bagh Masala Supplies Company (KBMSC) was formed vide a partnership deed dated April 22, 1969 and claimed to be using the trademark "GAI CHAAP' along with the `COW' device on its products since 1969.

3. Respondent claimed that these marks had been applied for registration in Class 30 under the Trade Marks Act, 1998 vide trademark application No. 748292, 748285 and 748288 and has been in use since 1969.

4. It is alleged that KBMSC had two par