JUDGMENT

RAGHUBIR DASH, J.

1. The order of ad interim injunction dated 4.1.2014 passed in I.A. No. 145 of 2013 arising out of Civil Suit No. 5 of 2013 in the court of the learned District Judge, Khurda is under challenge in this appeal. The appellant is the defendant in the suit and the respondent is the plaintiff. The plaintiff is a Private Limited Firm incorporated under the provisions of the Indian Companies Act, 1956. The suit has been filed for permanent injunction restraining the defendant from continuing or repeating any infringement of the plaintiff’s registered trade marks as well as passing off the defendant’s goods and services as that of the plaintiff.

2. Plaintiff’s case, in nutshell, is that in the year 2001 it opened one restaurant as a proprietory concern, exclusively dealing with Odia Cuisine under the trade name and style Dalma. The name of a famous Odia recipe Dalma was adopted as the trade name and mark of the firm. The Restaurant prepares and serves Odia Cuisine. With the success of the Restaurant, the plaintiff expanded its business to other districts in Odisha. In the year 2005 the plaintiff formed a Company under the Companies Act, 1956 and opened its Restau