M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned order dated 08.08.2017 passed by the learned Judge, Commercial Court, City Civil Court, Ahmedabad below Exhs.67 in Commercial Trade Mark Suit No.8/2017 by which the learned Commercial Court has partly allowed the said applications - notice of motion and has granted the temporary injunction against the appellants herein - original defendant No.1 in terms of para 38A of the application for interim injunction, the original defendant No.1 has preferred the present Appeal From Order.

2. The facts leading to the present Appeal From Order in nutshell are as under:

2.1 That the respondent herein - original plaintiff has instituted Commercial Trade Mark Suit No.8/2017 against the appellant herein - original defendant in the Commercial Court, Ahmedabad for passing off, seeking permanent injunction and relief of damages. That in the said suit the plaintiff submitted an interim injunction application - took out a Notice of Motion seeking interim injunction restraining the defendants, their agents, partners, proprietors, servants etc. from in any manner using the impugned design including the shape, getup, layout, which is identical with or colourably/deceptively similar to the plaintiff's product and from passing off their goods viz. Maharaja Whiteline Blizzard 50 and Blizzard 50 DLX as also Blizzard 20 and Blizzard 20 DLX as those of the plaintiff.

2.2 It is the case on behalf of the plaintiff so pleaded in the plaint that earlier the plaintiff Company was incorporated in the name of Sanskrut Comfort Systems Pvt. Ltd. which subsequently came to be converted into a Public Limited Company by passing a special resolution and thereafter the name of the company was changed from Sanskrut Comfort Systems Pvt. Ltd. to Symphony Comfort Systems Ltd. It is the case on behalf of the plaintiff Company that plaintiff Company is in the business of marketing, selling, trading and exporting of a range of air coolers under the name of "SYMPHONY" nationally and internationally for high quality products with excellent performance, aesthetic outlook and unique design wherein in the year ending 2015-16, the total turnover of the plaintiff exceeded approximately Rs. 523.98 crores. It was also averred in the plaint that considering the worldwide business of the plaintiff with warehouses servicing almost all states, dealers, retailers and distributors in almost all towns, cities and villages are established and on the basis of the well orchestered effort at constant innovation and consistent performance, the plaintiff company has been honoured with the award by the Ministry of Commerce and Industry, Government of India by granting a Certificate of Recognition as an Export House in 2009 which came to be upgraded to a Star Export House. It was also averred that the plaintiff is also having a well-established Research & Development Division (RDD) comprising of highly qualified and experienced engineers so as to develop better and more efficient products as well as unique and eye catching designs for their air coolers and other consumer products.

2.3 It was further averred and submitted that apart from various models of air coolers sold by the plaintiff, the plaintiff is also selling the "Diet" model which has a unique design. It was further averred that the plaintiff Company and the Founder/M.D. Shri Achal Bakeri is the holder of the design registration certificate for the said designs of "Diet" model under the Designs Act, 2000 whereby the Registrar has duly registered the unique designs of various models for sole and exclusive use of the proprietor and the models in question are "Diet 50T" which has been registered on 04.02.2009 under Classification 2304 (Air Cooler) under Design Registration No.221068; that "Diet 22T" is also registered on 05.02.2009 under Classification 2304 (Air Cooler) under Design Registration No.221084 "Diet 8T" has been registered on 29.01.2009 under Classification 23