This is a Notice of Motion for interim reliefs in a suit seeking a permanent injunction against the Defendants restraining them from infringing the Plaintiff's registered trade mark bearing No.457876 in class 21, No.635066 in class 09, Nos.932084, 1063686, 1084948 and 1226390 all in class 21 by using the impugned trade mark NIRLEP and/or any other trade mark deceptively similar to the Plaintiff's registered trade mark NIRLEP upon or in respect of mixer, juicer, grinder, hot plate, hand blender and/or similar goods. Prayer clause (b) of this suit is to restrain passing off and by prayer clause (c), damages to the extent of Rs.10 lacs have been claimed.

2. It is the case of the Plaintiff that it is a company registered under the Indian Companies Act, 1956 having its registered office at B5, MIDC, Station Road, Aurangabad-431005. The Plaintiff and its predecessors in business are old, established and well reputed manufacturers of and traders in inter alia Kitchen Containers, Cooking Utensils, Pressure Cookers, Enamel Wares, Gas Lighters, Gas Stoves, Non Stick Fry Pans, Tawas, Kadhais, etc.. The Plaintiffs are also carrying on business of retailing including online retailing