1. The plaintiff has filed an application being G.A. (Com) No. 1 of 2024 praying for grant of interim order restraining the defendant from infringing the plaintiff's registered mark "NEW LIFE" by use of the mark "NEW LIFE" and / or "NL". By an order dated 19th August, 2024, this Court passed an Ad - Interim ex parte order against the defendant and the same is still in existence. The defendant has filed an application being G.A. (Com) No. 2 of 2024 praying for vacating of interim order.

2. The plaintiff has filed the suit for infringement and passing off. As per the case of the plaintiff in the year 1961, one Dr. Mohammad Idrees commenced practicing Homeopathy in Bhopal, Madhya Pradesh. In the year 1970, the eldest son of Dr. Mohammad Idrees, namely, Dr. Mohammed Ilyas joined the profession of practicing homeopathy and prescribed innovative homeopathic medicines to his patients. Such patients upon being cured of their ailments by such medications began to fondly refer to the Dr. Ilyas as the giver of "new life" which give the inspiration for Dr. Ilyas to adopt the trade name "NEW LIFE" to represent his service. In order to expand the business, Dr. Ilyas opened an outlet - come clinic for prescribing and selling homeopathic medicines under the name and style of "NEW LIFE HOMEO STORE" as his sole concern. The said Dr. Ilyas even devised a unique logo or device containing the tradename i.e. "NEW LIFE" as the house mark of the business of the said Dr. Ilyas.

3. Mr. Rudraman Bhattacharyya, Learned Senior Advocate representing the plaintiff submits that due to rise in the popularity, goodwill, revenues and profits of the business of Dr. Ilyas as homeopath and homeopathic medicine merchant, Dr. Ilyas along with his wife, Mrs. Ishrat Begum and his sons, namely, Dr. Mohammad Zakariya, the eldest son, Dr. Mohammad Zaki, the second son and the Dr. Salman Mohammad, the third son primarily promoted the plaintiff company in the year 1995, which also expanded into manufacturing homeopathic medications instead of merely trading in them.

4. Mr. Bhattacharyya submits that the entirety of the business of selling homeopathic medicinal drugs setup by Dr. Ilyas came under the banner of the plaintiff which became the principal proprietor of such business including the goodwill attached thereto and the tangible and intangible assets thereof. He submits that Dr. Ilyas by his conduct, effectively waived his rights associated with the said moniker and the tradename or trademark "NEW LIFE" which became valuable assets of the plaintiff company.

5. Mr. Bhattacharyya submits that the plaintiff and its processor of concern has invested substantial sums in research and development for the purposes of manufacturing and selling various unique homeopathic medications of multiple kinds that offer cures to persons suffering from several ailments. He submits that the trademark "NEW LIFE" has earned a glittering reputation in the market. He submits that the public and people of the trade identity, the name "NEW LIFE" with the plaintiff alone to the extent that it has become a household name across the country. He submits that the members of the public and consumers rely upon the plaintiff's products bearing the trade mark "NEW LIFE" regularly to address their daily needs for homeopathic medications.

6. Mr. Bhattacharyya submits that apart from the common law rights acquired in respect of the mark "NEW LIFE" applied for and obtained statutory protection thereof under the Trade Marks Act, 1999 by way of registration being No. 2477030 in Class 35 with the Trade Marks Registry.

7. Mr. Bhattacharyya submits that the plaintiff came to know that the defendant has been infringing upon and passing off the trademark of the plaintiff by utilizing the abbreviation of the name "NEW LIFE" i.e. "NL" in its corporate name "NLCARE Private Limited". He submits that the defendant is engaged in the same business as the plaintiff i.e. trading, selling, manufacturing, wholesaling, retai