ORDER :

. This is not the first occasion on which the rival parties have locked horns against each other before a court of law. The applicant / petitioner herein, relying upon its registered trademark ‘PhonePe’ and its variants, initiated a suit before the Delhi High Court, alleging that the defendant had infringed upon its registered trademarks by using the mark ‘BharatPe’. The application for interim reliefs filed therein was dismissed, which was later confirmed by the Division Bench of the Delhi High Court, as result of withdrawal of appeal and the suit is pending.

2. Even before this Court, the plaintiff filed an earlier suit, bearing Commercial IP Suit (L) No.24136 of 2021, against the defendant for having used allegedly infringing trademark ‘postpe’. The said suit was withdrawn on 22.10.2021, with conditional liberty granted by this Court. It was specifically recorded that the contentions of the defendant were kept open and that the defendant could also rely upon the plaint in the said suit, in order to oppose any fresh suit or interim application that may be filed by the plaintiff herein. The defendant raised a challenge before the Division Bench of this Court, which failed an