$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 60/2025 & CM APPL. 12191/2025 IMAX HEALTHCARE PRIVATE LIMITED & ANR. .....Appellants Through:

versus MAX HEALTHCARE INSTITUTE LIMITED .....Respondent Through: Ms. Abhilasha Nautiyal, Mr. Siddharth Varshney and Mr. Yash Raj, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL

ORDER (ORAL)

% 26.03.2025 C. HARI SHANKAR, J.

1. This appeal is directed against order dated 19 December 2024 passed by the learned District Judge (Commercial), [“learned Commercial Court” hereinafter], on an application filed by the respondent under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, [“CPC” hereinafter] in CS (Comm) 247/2024³

2. The respondent was the plaintiff before the learned Commercial Court. The respondent alleged that the appellant had infringed the registered trademarks of the respondent. The suit was accompanied by

3 Max Healthcare Institute Ltd v Imax Healthcare Pvt Ltd and Anr

Signature Not Verified

Digitally Signed By:AFJIATO (COMM) 60/2025 Page 1 of 14

an application under Order XXXIX Rules 1 and 2 of the CPC for interlocutory injunction.

3. The application was initially rejected by the learn