JUDGMENT

Amit Mahajan, J. - The appellant(s), M/s. Suman International, has filed the present appeal being aggrieved by the order dated 28.10.2021, (hereafter 'impugned order') passed by the learned Commercial Court, in CS (COMM) 251 of 2021, whereby the learned Commercial Court has allowed the Respondents'/Plaintiffs' Application under Order XXXIX Rules 1 & 2 of Code of Civil Procedure, 1908 ('CPC') and dismissed the Appellants/Defendants' application under Order XXXIX Rule 4 CPC, thereby restraining the Appellants and their dealers from manufacturing, exporting, selling offering for sale advertising, exhibiting directly or indirectly dealing in goods bearing impugned mark amounting to infringement of registered trademark of the Respondent no.1 under no. 3470833 in Class 30 and passing off;

2. The Appellants/Defendants and Respondent no.1/Plaintiff both are engaged in the business of manufacturing confectionery items (non-medicated) including the hardboiled sugar candies, chocolates, lollipops, wafers biscuits etc.

Brief Facts

3. Mahendra Gulwani (Respondent no. 1) is the sole proprietor of M/s Mahendra Food Products. Respondent no. 2, M/s Kapur Confectioners, is stated to be the sole