JUDGMENT :

KSHITIJ SHAILENDRA, J.

1. The instant appeal has been filed challenging the order dated 10.10.2022 whereby the District Judge, Varanasi has allowed Application 6-C filed by the plaintiff-respondents in Original Suit No. 20 of 2022 granting a temporary injunction pending suit restraining the defendant-appellant from producing, selling or conducting any business in relation to tooth powder, namely, Musa Ka Gul which was alleged as a registered trademark of the plaintiff-respondents. Other injunction was also sought on the same lines.

2. The aforesaid suit was filed by M/s M.M.I. Tobacco Pvt. Ltd through its Director Mohd. Nazish as plaintiff no. 1 and Mohd. Nazish in his personal capacity, as plaintiff no. 2, against the defendant-appellant Iftikar Alam under Sections 29, 134, 135 of the Trademarks Act, 1999 and Section 62 of the Copyrights Act, 1956 with the averments that the plaintiff no. 1 is a private limited company well established in India and is engaged in the production and sale of tooth power, namely, Musa Ka Gul by wholesale and retail activity. It was further