JUDGMENT

Bhansali, J. - This appeal under Order XLIII, Rule 1(r) CPC r/w Section 13 of the Commercial Courts Act, 2015 ('the Act of 2015') has been filed against the order dated 08.01.2020 passed by the Commercial Court, Udaipur, whereby the application filed by the respondent under Order XXXIX, Rule 1 & 2 CPC has been accepted and the appellant-non-applicant has been restrained from using the word ^ckophZ*in Hindi and 'Bawarchi' or 'Bavarchi' in English directly or indirectly for the purpose of providing food & drink / restaurant & hotel services either himself or through his representative, franchises or servants / employees.

2. A suit for injunction under the Trade Marks Act, 1999 ('the Act') was filed by the respondent-plaintiff, inter-alia, with the submissions that the plaintiff is a partnership firm; since 1993 under the trade mark of ckophZ* (Bawarchi) it was operating a restaurant in the name of ^ckophZ QkLV QwM^ and since 2013 was operating a website 'bawarchirestaurant.in', through which it was advertising its restaurant and providing online facility. It was claimed that the restaurant has its goodwill and fame and is popular among tourist and general public. It was cl