JUDGMENT :

SUDESH BANSAL, J.

1. By way of instant Civil Miscellaneous Appeal, appellant-plaintiff (hereinafter referred to “the plaintiff”) is praying for grant of temporary injunction against the respondent-defendant (hereinafter referred to “the defendant”) for not using the trade name ‘POLYGON’ for manufacturing and sale of water tank and PVC pipes, container water storage, hose pipes, DHPE pipes, flexible pipes and conduit pipes, rigid PVC etc. because this trade name is deceptively and phonetically similar to its registered trade name of ‘POLYCON’ and has prayed to set aside the impugned order dated 12.10.2015 whereby and whereunder plaintiff’s application for temporary injunction was dismissed by the Trial Court.

2. Heard learned counsel for both parties, perused the impugned order and record placed before this Court.

3. It appears from the record that the plaintiff instituted civil suit for permanent injunction alongwith an application for temporary injunction on 13.02.2015 on the ground of infringement/passing off his registered trademark ‘POLYCON’ against the defendant alleging inter-alia that on 10.12.2014, it came to knowledge of plaintiff-company that defendant-company has