These Notices of Motion are taken out in trade mark infringement and passing off suits in respect of the Plaintiffs' registered trade marks bearing the word 'UltraTech' as a part thereof. The Plaintiffs complain of the use by the Defendant of the word 'Ultra' in its trade marks as being an infringement and also amounting to passing off.

2. Plaintiff No.1, originally incorporated with the name 'L & T Cement Limited' changed its name to 'UltraTech Cemco Limited' with effect from 19 November 2003 and to its present name 'UltraTech Cement Limited' with effect from 14 October 2004. In the year 2004, Plaintiff No.2 acquired a controlling stake in Plaintiff No.1. Plaintiff No.1 was the registered proprietor of several trade marks containing the word 'Ultra', such as 'UltraTech CEMENT The Engineer's Choice', 'UltraTech CONCRETE'. ' UltraTech READY MIX', 'UltraCem' and 'UltraCem. The Engineer's Choice', in Class 19 in respect of cement, building materials, etc. By a Deed of Assignment dated 30 September 2009, the aforesaid trade marks were assigned by Plaintiff No.1 to Plaintiff No.2, along with goodwill. The relevant applications for bringing on record Plaintiff No.2 as the subseq