J U D G M E N T

SAURABH BANERJEE, J.

1. The present appeal is one whereby the appellant (original plaintiff) seeks to impugn the order dated 28th October, 2021 passed by the learned Trial Court1 dismissing its application under Order XXXIX rules 1 & 2 read with Section 1512 of The Code of Civil Procedure, 19083 in a suit for infringement of trademark, passing off and other ancillary reliefs against the respondents (original defendants).

1 Hereinafter referred as “impugned order”

2 Hereinafter referred as “interim application”

Henceforth referred as “CPC”

CASE OF THE APPELLANT BEFORE THE LD. TRIAL COURT:

2. As per facts, appellant is a joint venture between TATA Sons Private Limited and Singapore Airlines Limited operating a full-fledged service airline under its trademark „VISTARA‟ covering as many as 36 destinations with over 200 flights a day on the date of institution of the suit before the learned Trial Court. The said trademark „VISTARA‟ of appellant, since its declaration as a „well-known trademark‟ as per Section 2(1)(zg)4 of The Trade Marks Act, 19995 by this Court in TATA SIA Airlines Limited v M/s. Pilot18 Aviation Book Store & Anr.6, is entitled to a higher degree of protection