JUDGMENT :

Sunder Mohan,J.

PRAYER: Original Side Appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act 2015 and read with Clause 15 of Letters Patent read with Order XXXVI Rule 1 of OS Rules, to set aside the Judgment and Order dated 21st October 2021 made in A.No.3185 of 2021 in C.S.No.162 of 2019 and restore the Suit.

Aggrieved by the Judgement dated 21.10.2021 made in C.S.No.162 of 2019, the Appellant has preferred the above appeal.

2. The Appellant/Plaintiff had filed a suit before this Court against the Respondent/Defendant herein praying for a permanent injunction against the respondent from using the trademark “Radisson” and for a permanent injunction restraining the respondent from committing acts of passing off while dealing in paints bearing deceptively similar marks “Radisson” and for consequential reliefs. In the said suit, the Appellant filed an application in A.No.1661 of 2019 for combining the causes of action arising out of infringement of trademark and action of passing off. The learned Single Judge of this Court allowed the said application as the respondent had no objection for combining th