ORDER : R.I. Chagla, J. The learned Counsel appearing for the Applicant/Plaintiff has applied for ad-interim relief after serving the Defendant. The learned Counsel appears for the Defendant. 2. The Plaintiff is a registered proprietor of word mark 'CARLY CHEN' under No.2094160 in Class 25 in relation to 'Readymade Garments and Hosiery'. The mark was applied on 03.02.2011 and registered vide Certificate No.1076049 dated 08.10.2012. The user claimed in the said mark is 01.01.2011. Annexed at Exhibit-B is the photocopy of the registration certificate of the said mark bearing No.2094160 in Class 25. 3. The Plaintiff has stated that it has been using the mark 'CARLY CHEN' since the year 2011. The Plaintiff has also claimed to have built up the brand 'CARLY CHEN' through years of dedication, hard work and commitment. The Plaintiff has relied upon the invoices which are annexed at Exhibit-C in order to show long, uninterrupted continuous use of the trade mark 'CARLY CHEN'. The Plaintiff is operating retail outlets/stores under the trade mark 'CARLY CHEN' all over India and the Plaintiff states that its brand 'CARLY CHEN' has gained massive popularity. Exhibit-D is the photocopy of the Chartered Accountant certified turnover showing year-wise sales of the goods/services under the trade mark 'CARLY CHEN'. In the current year 2022-2023 the net sale turnover is Rs.11,30,90,037/-. 4. The Plaintiff has stated that the Defendant is no stranger to the Plaintiff and that the Defendant used to purchase readymade garments from the Plaintiff. The Plaintiff has further stated that it learnt in the second week of April, 2023 that the Defendant was using a deceptively similar mark 'New Charly Fashion' in relation to 'Readymade Garments' and other cognate and allied goods. The Defendant has also named it's store 'NEW CHARLY FASHION' and is selling goods bearing the mark 'NEW CHARLY FASHION'. The Plaintiff has annexed to the Plaint at Exhibit-E the photocopy of the depiction of Plaintiff's mark 'CARLY CHEN' and at Exhibit-F the photocopy of the depiction of the Defendant's mark 'New Charly Fashion'. 5. The Plaintiff states that the Defendant has dishonoustly adopted and imitated the mark of the Plaintiff. The Plaintiff had also learnt that the Defendant initially applied for the mark 'CHARLY FASHION' under Application No.3754687 in Class 25 in relation to 'Readymade Garments' which got refused. 5. The Plaintiff states that the Defendant has dishonoustly adopted and imitated the mark of the Plaintiff. The Plaintiff had also learnt that the Defendant initially applied for the mark 'CHARLY FASHION' under Application No.3754687 in Class 25 in relation to 'Readymade Garments' which got refused. The Plaintiff has annexed Exhibit-G the photocopy of online status of the mark 'CHARLY FASHION' under Application No.3754687 in Class 25. The Plaintiff thereafter learnt that the Defendant had applied for the logo 'CHARLY FASHION' under Application No.3755786 in Class 25 in relation to 'Readymade Garments' which also got refused. Annexed at Exhibit-H the photocopy of online status of the mark 'CHARLY FASHION' under Application No.3755786 in Class 25. The Plaintiff has further stated that the Defendant applied for the trade mark 'NEW CHARLY FASHION' under Application No.4098391 in Class 25 in relation to 'Readymade Clothing, Readymade Linings (Parts of Clothing), Footwear and all other activities which falls in Class 25' on 25.02.2019 which is currently 'objected'. Annexed at Exhibit-I is the photocopy of online status of the said mark 'CHARLY FASHION'. The Plaintiff states that the Plaintiff's brand and outlet 'CARLY CHEN' has gained massive popularity at Surat where the Defendant's outlet 'NEW CHARLY FASHION' is also situated and thus, the Plaintiff has claimed the prayer for passing off. 6. The Plaintiff states that the Plaintiff as registered proprietor of the mark 'CARLY CHEN' and user of the mark since a long time, as well as there being continuous use of the mark, the Plaintiff's mark has acquired a complete distinctiveness in the market. Being the prior user of the mark, the Plaintiff has acquired common law rights and protectable reputation and goodwill in respect of the same on account of open, continuous and extensive use of the said mark. The Plaintiff has thus sought prayer against the Defendant in terms of infringement of the Plaintiff's trade mark and passing off of the trade mark of the Plaintiff by the Defendant. 7. The learned Counsel for the Defendant has relied on the affidavit in reply of the Defendant dated 27.06.2023. In the affidavit in reply the Defendant has stated that the Defendant's mark 'NEW CHARLY FASHION' "is not identical and photocopy of the deception of the Plaintiff's mark 'CARLY CHEN". 7. The learned Counsel for the Defendant has relied on the affidavit in reply of the Defendant dated 27.06.2023. In the affidavit in reply the Defendant has stated that the Defendant's mark 'NEW CHARLY FASHION' "is not identical and photocopy of the deception of the Plaintiff's mark 'CARLY CHEN". The Defendant has further stated that the Plaintiff has by mistake filed the Suit against the Defendant instead of filing suit against his buyer 'CHARLY FASHION' who is using identical trade mark of the Plaintiff and who used to purchase the garments from the Plaintiff and sell at Surat which invoices are exhibited at page Nos. 57 and 66 of the Plaint. 8. The Learned Counsel for the Defendant has further submitted that its mark 'NEW CHARLY FASHION' is different from the mark 'CHARLY FASHION' which was subject matter of Application No.3755786 before the Trade Mark Registry is refused. There is a change in the manner in which 'NEW CHARLY FASHION' has been written along with the logo. He has submitted that this applied for mark 'NEW CHARLY FASHION' in Class 25 being application 4098391 is pending before the Trade Mark Registry and the status shows 'objected'. He has submitted that no case is made out for grant of ad-interim relief in view of the Defendant having applied for registration of trade mark which application is still to be considered before the Trade Mark Registry. 9. Having considered the submissions, in my view it is necessary to note that the Defendant has an association with the Plaintiff, being purchaser of the readymade garments from the Plaintiff. The Defendant was aware of the Plaintiff's registered trade mark 'CARLY CHEN'. Having perused the documents on record which have been annexed to the Plaint, prima facie, the Plaintiff has established that not only is the Plaintiff the registered Proprietor of the mark 'CARLY CHEN' but has been in continuous and uninterrupted use of the mark 'CARLY CHEN' for a long period of time and that the Plaintiff's mark 'CARLY CHEN' has garnered huge reputation and goodwill amongst the public and trade members. 10. The impugned mark of the Defendant 'CHARLY FASHION' which the Defendant had initially sought registration, came to be refused. They have thereafter applied for registration of the mark 'NEW CHARLY FASHION WITH NCF LOGO', under Application No.4098391. 10. The impugned mark of the Defendant 'CHARLY FASHION' which the Defendant had initially sought registration, came to be refused. They have thereafter applied for registration of the mark 'NEW CHARLY FASHION WITH NCF LOGO', under Application No.4098391. The status of the Application as on 17.05.2023, shows as 'objected' which is annexed at Exhibit-I to the Plaint. It is well settled that merely by the addition of the word 'NEW' as prefix to the mark 'CHARLY' as well as the word 'FASHION' suffix to the mark 'CHARLY' does not change the prominent feature of the mark 'CARLY'. 11. In my prima facie view the mark ''CHARLY'' is deceptively similar to prominent feature of the Plaintiff's mark viz. 'CARLY'. There is only alphabet 'H' which has been added after the alphabet 'C', otherwise the prominent feature of the Plaintiff's mark and Defendant's mark are the same. It is well settled that merely adding an alphabet does not change the mark, if the mark is otherwise deceptively similar. 12. I prima facie find that the prominent feature of the mark of the Defendant is phonetically similar to the registered mark of the Plaintiff and thus, there is a deceptive similarity of the rival marks. In my prima facie view the adoption of the impugned mark of the Defendant is clearly dishonest given the fact that the Defendant was for several years aware of the Plaintiff's mark, being a purchaser of the Plaintiff's readymade goods. Further, the goods are identical viz. 'Readymade Garments'. 13. In view thereof, I am satisfied that a strong prima facie case is made out for grant of injunctive relief. I am further satisfied that the balance of convenience heavily tilts in favour of the Plaintiff. The Plaintiff will suffer irreparable loss, if the injunctive relief is not granted. 14. In view of Defendant having been served, the Leave Petition (L) No.13973 of 2023 is made absolute in term of prayer clause (a). 15. I am further satisfied that the balance of convenience heavily tilts in favour of the Plaintiff. The Plaintiff will suffer irreparable loss, if the injunctive relief is not granted. 14. In view of Defendant having been served, the Leave Petition (L) No.13973 of 2023 is made absolute in term of prayer clause (a). 15. In the circumstances, there shall be ad-interim relief in terms of prayer clauses (a) and (b) of the Interim Application which reads thus : a) pending the hearing and final disposal of the suit, the Respondent by itself, and/or its partners and/or proprietor and/or servants and/or agents and/or officers and/or dealer and/or any other person claiming through and/or under such Respondents, be restrained by an order and temporary injunction of this Hon'ble Court from in any manner using the mark 'NEW CHARLY FASHION' and/or any mark containing the word 'CHARLY' and/or any other mark which is identical or similar to the Applicant's mark 'CARLY CHEN' in any manner whatsoever, so as to infringe upon the Applicant's Trademark 'CARLY CHEN' registered under No.2094160 in class 25; b) pending the hearing and final disposal of the suit, the Respondent by itself, and/or its partners and/or proprietor and/or servants and/or agents and/or officers and/or dealer and/or any other person claiming through and/or under such Respondents, be restrained by an order and temporary injunction of this Hon'ble Court from in any manner using the mark 'NEW CHARLY FASHION' and/or any mark containing the word 'CHARLY' and/or any other mark which is identical or similar to the Applicant's mark 'CARLY CHEN' in any manner whatsoever, so as to pass off or enable others to 'pass off' the Respondent's goods/services as that of the Applicant's goods/services ; 16. The learned Counsel for the Defendant has applied for leave to file additional affidavit. The Defendant shall file additional affidavit within a period of three weeks from the date of this order. 17. The Plaintiff is at liberty to file affidavit in rejoinder within a period of one week thereafter. 18. Interim Application shall be placed for hearing on 13.09.2023.