JUDGMENT

VIBHU BAKHRU, J

1. M/s Golden Tobacco Limited (hereafter „GTL‟) has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter the „A&C Act‟), inter alia, praying that the respondent – M/s Golden Trobe Private Limited (hereafter „GTPL‟) be restrained from manufacturing, selling and supplying to the market, cigarettes under the exclusive brands owned by GTL, that is, Panama, Golden Gold Flake, Golden Classic, Taj Chhap and Chancellor (hereafter referred to as „the Exclusive Brands‟).

2. GTL claims that it is the owner of the Exclusive Brands, which have acquired significant reputation and goodwill in domestic and international market. The trademarks „Panama‟ and „Taj Chhap‟ were registered in the name of GTL on 20.06.1954 and 22.06.1954 respectively; the trademark „Golden Gold Flake‟ was registered in favour of GTL on 05.04.1979; the trademark „Chancellor‟ was registered in favour of GTL on 25.02.1993; and the trademark „Golden Classic‟ was registered in favour of GTL on 15.09.2015.

3. GTL claims that GTPL was not engaged in the business of manufacturing or selling of cigarettes prior to August, 2019. On 16.08.2019, the parties entered i