JUDGMENT

Vibhu Bakhru, J. Vasundhra Jewellers Private Limited (hereafter `the appellant') has filed the present appeal impugning a judgment dated 21.09.2022 (hereafter `the impugned judgment') passed by the learned Single Judge, whereby the appellant's application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereafter `the CPC') was dismissed.

2. Respondent no. 1 carries on business in textiles and garments. The appellant had sought interim orders, inter alia, restraining respondent no.1 from using the trademark "VASUNDHRA FASHION/", in connection with its business, claiming that the use of the said mark infringes its trademarks and amounts to passing off. The said interim relief was rejected and this has led the appellant to file the present appeal.

Factual Context

3. The appellant states that it was incorporated on 28.10.1999 and thereafter, it adopted the mark "VASUNDHRA/VASUNDHRA JEWELLERS" to commence the business of "jewellery in precious metals and gems". It operates one showroom at Pitampura in Delhi. It further states that it has been using the said name extensively, continuously and uninterruptedly. Therefore, the said marks have acquired imme