JUDGMENT :

1. This writ petition under Articles 226 & 227 read with Article 215 of the Constitution of India has been preferred claiming the following reliefs:

“It is, therefore, humbly and respectfully prayed that the Hon’ble Court may be very graciously enough allow this petition and by appropriate writ order or direction, the order impugn Annex-6 dismissing the application be set aside/ reversed and the application filed the petitioner Application dt 20/09/22 (Annex-4) seeking rejection of the plaint Annex-1 be allowed the plaint filed by the respondent be rejected. Any other order or direction which this Hon’ble court deems just and proper in the facts and circumstances of the case and found favourable to the petitioner may kindly be passed in favor of the petitioner; Costs of the petition may be awarded to the petitioner.”

2. Brief facts of the case as placed before this Court by learned counsel for the petitioner are that the respondent instituted a suit for injunction and rendition of accounts before the learned Commercial Court No.1, Jodhpur Metro against the present petitioner, alleging infringement of the trademark; algonwith the suit, the respondent also filed an applicati