JUDGMENT

(Judgment of the Court was delivered by M.Sundar, J.)

Captioned 'Original Side Appeal' ['OSA' for the sake of brevity] is directed against an ex parte 'judgment and decree dated 05.06.2024 made in C.S (Comm.Div.) No.1 of 2024' [hereinafter 'impugned judgment and decree' for the sake of convenience and clarity].

2. One 'Prakash Ferrous Industries Private Limited' [hereinafter 'PFIPL' for the sake of brevity] filed a suit against one 'Mansarowar Ispat (India) Pvt. Ltd.,' [hereinafter 'MIPL' for the sake of brevity] seeking inter-alia injunctive reliefs as regards Trade Marks 'TIRUMALA' and/or 'TIRUMALA GOLD' with usual prayers for accounts, delivery of alleged offending material and costs. This suit, for convenience can be referred to as a 'typical Trade Mark suit'.

3. Plaint of PFIPL is dated 20.11.2023 but it was presented in the Commercial Division of this Court only on 08.12.2023. Therefore, the date of presentation of suit is 08.12.2023 but the date of institution of suit is not readily available. However, the first listing before the Commercial Division i.e., first listing of the suit along with two interlocutory (injunction) applications thereat (O.A.Nos.5 and 6 of 2024)