Veerender Singh Siradhana, J.

1. The appellant/plaintiff has instituted the present appeal assailing the order dated 1st July, 2015, made by the trial Court declining its application under Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908 (for short "CPC"), for grant of temporary injunction.

2. Briefly, the essential skeletal material facts necessary for appreciation of the controversy raised, are that the appellant/plaintiff is a Company incorporated under the Companies Act, 1956, and is into business of tea manufacturing under the registered trade mark 'Maheshwari'. It is pleaded case of the appellant/plaintiff that the respondent/ defendant recently started using deceptively similar artistic work/packing material/label/ desi gunder by the name 'Vijay Shree', with an intention to encase upon the hard earned goodwill of the appellant/plaintiff. The appellant/plaintiff instituted the suit proceedings for rendition of accounts, damages and permanent injunction for infringement and passing off action of the artistic work/packing material/label of the registered trade mark 'Maheshwari' as well as infringement of copyright.

3. Learned Senior Counsel, Mr. R.N. Mathur, assi