JUDGMENT

(Prayer: Appeals under Order XXXVI Rule 9 of the Original Side Rules read with Clause 15 of the amended Letters Patent and read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act to set aside the fair and decreetal order passed by the learned Judge in OA Nos.809 to 812 of 2022 in CS (Comm. Div) No.248 of 2022, dated 7.6.2023 and allow the present appeals.)

Common Judgment:

Sanjay V. Gangapurwala, C.J.

1. The unsuccessful applicant/plaintiff is the appellant herein. These appeals are filed challenging the common order dated 7.6.2023 passed by the learned Single Judge in O.A.Nos.809 to 812 of 2022.

2. For the sake of convenience, the parties are referred to as per the original designations in the suit.

3. The plaintiff herein had filed C.S. (Comm. Div.) No.248 of 2022. Pending suit, the plaintiff filed O.A.Nos.809 to 812 of 2022 seeking interim injunction to restrain the defendants from infringing the registered trademark of the plaintiff “PhonePe” by using the “DigiPe” mark and passing off the trademark “PhonePe” by use of their mark “DigiPe”. The plaintiff also sought an injunction to restrain the defend