ORDER :

1. Being aggrieved and dissatisfied with order dated 3.1.2022, passed below Exh.5 in Trade Mark Suit No.1 of 2017 by the learned 2nd Additional District Judge at Morbi, the original plaintiff has preferred the present A from Order under Order 43, Rule 1 of Code of Civil Procedure, 1908. The appellant is the original plaintiff and respondent is the original defendant (for the brevity the parties are referred to in this order as per the character assigned to them before learned trial Court).

2. The short facts giving rise to the present Appeal from Order are that the plaintiff is a private limited company engaged in the business of manufacturing, marketing and selling varieties of ceramic items under the Trademark and Trade name “Simero” since 2014 continuously, extensively, exclusively, openly and uninterruptedly throughout the country as well as abroad.

2.1 That the plaintiff applied for trademark registration of its trade name “Simero” along with other application in class-19 bearing application no.2936647 and application no.2963106. Same came to be granted by the Trademark registry in the name of the plaintiff and necessary certificate was issued.

2.2 The plaintiff is very