This Notice of Motion is taken out by the Defendants for dismissal of the present suit under Section 11 of the Code of Civil Procedure (“Code”), as barred by res judicata, or alternatively, for rejection of the plaint under Order 7 Rule 11 of the Code.

2. The Plaintiffs claim to be registered proprietors and users for a long time of the trade mark “MANIKCHAND” and have filed the present suit alleging infringement of their trade mark and passing off of goods by the Defendants by the use of the mark “MALIKCHAND”, which is deceptively similar to the trade mark “MANIKCHAND”. It is the Plaintiffs' case that they are engaged in manufacture and marketing of diverse range of goods such as tea, packaged drinking water, chewing tobacco, pan masala, gutkha and mouth freshness, etc. and have adopted and used the trade mark “MANIKCHAND” for marketing their goods including chewing tobacco since the year 1961, the name “MANIKCHAND” being the middle name of Plaintiff No.1. (As of the date of the suit, as originally filed, the Plaintiffs' application for registration was pending before the Trade Mark Registry. During the pendency of the suit, the trade mark is registered in the name of the