JUDGMENT (ORAL)

C. HARI SHANKAR, J.

1. There is no appearance on behalf of the respondent though the matter was called out thrice.

2. We have heard Mr. Vivek Ranjan Tiwary, learned counsel for the appellant.

3. This appeal emanates from CS (Comm) 902/2022 instituted by the respondent against the appellant, alleging that the appellant was passing off its goods as those of the respondent by use of the marks THUKRAL KRANTI, THUKRAL, KS THUKRAL and KS THUKRAL KRANTI.

4. Additionally, the suit also prayed for a decree for delivery up of goods, damages, rendition of accounts and the like.

5. We eschew reference in detail to the facts or the rival contentions as, to our mind, the impugned order is liable to be set aside on a short ground and the matter remanded for consideration.

6. Various applications were filed by the appellant, as the defendant before the learned Commercial Court, contesting the plaint filed by the respondent. Among these, were applications under Order VII Rule 11 of the Code of Civil Procedure, 1908, (1 “CPC”, hereinafter), Section 12A of the Commercial Courts Act and Section 10 of the CPC. These applications stand dismissed by the learned Commercial Court. The appellant ha