JUDGMENT :

(N.V. Anjaria, J.)

1. The challenge in this Appeal from Order is directed against order dated 27.1.2022 passed by learned Special Judge, Commercial Court - 8th Additional District Judge, Ahmedabad (Rural) at Mirzapur, below Exh.5 in Trade Mark Suit No.8 of 2021, whereby the commercial court below allowed interim injunction application of the plaintiff- respondent herein.

2. The commercial court below, restrained the defendants from providing and offering for sale the product sizzlers by using similar trade dress, secrets, recipe, etc. thereby from committing the act of passing off the product and services of the plaintiff.

3. The respondent- original plaintiff instituted trade mark suit against the appellants for permanent injunction to restrain the defendants their agents and distributors from misusing, acquiring and/or offering for sale the product sizzlers to others as well as to customers by using trade dress, data and trade secrets, that is recipe and from advertising, marketing, exposing his business with identical and deceptively similar trade dress and trading style as of the plaintiff’s trade dress, style, secrets, recipe and customer data and from committing the