This Notice of Motion, which is tagged with Notice of Motion No.294 of 2013 in Suit No.2574/2012 and Arbitration Petition Nos. 1260 of 2013 and 1347 of 2012, both under Section 9 of the Arbitration and Conciliation Act, 1996 and Arbitration Petition No.148 of 2013 under Section 11 of that Act, seeks a temporary injunction against the Defendants from in any manner using, directly or indirectly, the mark “Neel” or “Neelkanth” or any other mark, domain name, device, logo, label etc. which is similar/deceptively similar to the registered mark of the Plaintiffs, namely, “Neel”. Learned Counsel for the parties chose to argue this Notice of Motion separately from the other matters, and hence, the same is being disposed of separately by this order. The suit is an infringement and passing off suit. The facts of the case may be briefly stated thus:

2. Plaintiff Nos. 1 and 2 are partnership firms carrying on business of manufacturing, marketing and selling Voltage Stabilizers and Isolation Transformers. The partnerships belong to two brothers and their family members – Ravindra Gamanlal Mehta (Plaintiff No. 3) and Hemant Gamanlal Mehta. Plaintiff No. 3, and Plaintiff No. 5 (son of P