JUDGMENT :

HON'BLE KSHITIJ SHAILENDRA, J.

1. Heard Shri T.P. Singh, learned Senior Counsel assisted by Shri Arvind Srivastava and Shri Mohammad Waseem, learned counsel appearing on behalf of plaintiff-appellants and Shri Shashi Nandan, learned Senior Counsel assisted by Shri Santosh Kumar Tripathi and Shri Udyan Nandan, learned counsel appearing for defendant-respondent.

THE APPEAL

2. The instant appeal under Order XLIII Rule 1(r) of Code of Civil Procedure, 1908, has been preferred by the plaintiffs-appellants of Original Suit No. 20 of 2022 (M/s M.M.I. Tobacco Pvt. Ltd. and another vs Iftikhar Alam) challenging the order dated 30.01.2024, whereby the District Judge, Varanasi has rejected their injunction application (Paper No. 6-C). Further prayer made is to allow the injunction application dated 25.08.2022.

PLAINTIFFS’ CASE

3. The said Original 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--respondent Iftikhar Alam under Sections 29, 134, 135 of the Trade Marks Act, 1999 and Section 62 of the Copyright Act, 1956 with the averments that plaintiff No.