1. This is an application for the usual interim reliefs in an action for infringement and passing off. I have granted interim reliefs against infringement but not against passing off. I am unable to consider the plaintiff's action for passing off at this stage by reason of certain orders I will refer to later.

2. Plaintiff No.1 claims to be the registered proprietor of the marks “MADHUR GULAB”,

“MADHUR” and the word “MADHUR” written in devnagiri script pursuant to proceedings under Chapter IX of the Companies Act. Plaintiff Nos.2, 3 and 4 were impleaded pursuant to an order dated 4th October, 2011, on the application of plaintiff No.1.

3. The defendant has challenged the first plaintiffs proprietorship of the marks as well as its right to maintain this action for infringement. It is necessary, therefore, to trace the title to the marks as well as consider whether the first plaintiff is the registered proprietor of the marks.

4(A) Plaintiff Nos.2, 3 and 4 alongwith one Mrs. Ratanben Lalji Shah (Ratanben) carried on business as partners in the firm, name and style of M/s. Hem Agencies on the terms and conditions contained in a deed of partnership dated 8th August, 1980.

(B)