INTRODUCTION

1. The appellant has preferred the present appeal under Section 13 of the Commercial Courts Act, 2015 read with Order XLIII Rule 1(r) of Code of Civil Procedure, 1908^{1“CPC” hereinafter}, challenging the impugned order dated 18.09.2023 passed by the learned District Judge (Commercial Court-03), South East district, Saket Courts, Delhi, whereby the application filed by the appellant under Order XXXIX Rules 1 and 2 of the CPC seeking interim injunction was dismissed.

2. For the sake of convenience, the parties to the present appeal would be referred to by the same status and name as they have been referred to as before the learned District Judge. Thus, the “appellant” would be addressed as “plaintiff” and the “respondent” would be referred as “defendant”.

3. The appellant hereinafter referred to as the “plaintiff” is a company incorporated under the Companies Act, 1956, and is engaged in the business of manufacturing ayurvedic and herbal medicines and supplements under the trade name “M/s Dindayal Industries Limited”, earlier known as “Dindayal Aushadhi Pvt. Ltd.” The plaintiff claims to be the prior adopter and continuous user of the name/mark “DINDAYAL”, and its formati