JUDGMENT :

ANIL R. DAVE, J.

ANIL R. DAVE, J.

1. Leave granted.

2. Being aggrieved by an interim order passed in a civil suit, the appellants- original defendants have approached this Court by way of this appeal.

3. The matter has arisen under the provisions of the Trade Marks Act, 1999. It is an admitted fact that the partners of the plaintiff as well as the defendant firms belong to the same family sharing a common surname - "Rakyan".

4. The defendants are dealing in jewellery, which is admittedly a family business of the plaintiff as well as the defendants. The defendants are doing business in the name and style of "NEENA AND RAVI RAKYAN", whereas the plaintiff firm is also dealing in jewellary and doing the business in the name and style of "Rakyan's Fine Jewellery". Both are doing business in Delhi and their shops are abutting each other.

5. The plaintiff claiming trade mark of their surname "RAKYAN" filed a suit praying, inter alia, that the defendants be restrained from doing their business in the name and style of "NEENA AND RAVI RAKYAN". In the said suit, an application seeking interim relief was filed whereby it was prayed that the defendants be restrained from doing the busin