JUDGMENT :

1. Plaintiff has preferred present appeal against the impugned Order dated 11.1.2018 passed below Exh.5 in R.C.S. No.1 of 2015, by the learned Adhoc District Judge, Pune, dismissing the said application for temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 .

2. Present appeal has been admitted by this Court by Order dated 6.12.2019. By an Order of even date i.e. 6.12.2019, Rule and interim relief in terms of prayer clauses 6 (i) (ii) and (iii) of the present Civil Application was also granted. Respondents challenged the said Order dated 6.12.2019 passed in present Civil Application before the Honourable Supreme Court by way of Civil Appeal No. 9481 of 2019. The Honourable Supreme Court was pleased to set aside the said Order dated 6.12.2019 and requested the High Court to hear present civil application afresh and pass a reasoned order.

3. Heard Mr. Kamod, learned counsel for the applicant/appellant and Mr. Pramod Patil, learned counsel for respondents. Perused entire record produced before me and the written submissions submitted by the learned counsel for respective parties.

4. The appellant/applicant filed a suit for infringement of its Trade Mark, namely `ZENOVIT’ by registration under the Trade Marks Act under No. 506720 in class 5 for perpetual injunction, rendition of accounts and for other consequential reliefs in the Court of District Judge, Pune at Pune bearing Suit No. 1 of 2015. It is the case of the appellant that, on or about 10.3.1989 it protected the trade mark `ZENOVIT’ by filing an application dated 10.3.1989 with the concerned Authority for its registration under the Trade Marks Act in class 5, claiming proposed use in respect of the goods, namely, medicinal and pharmaceutical preparations. That, in or about March 1989, appellant originally conceived and invented/coined and adopted inherently distinctive word `ZENOVIT’ as trademark to be used in respect of goods being formulation of antioxidants, essential vitamins and minerals. Appellant conducted market survey through its sales team and searched through pharmaceutical preparations and after ascertaining the fact that, the trademark `ZENOVIT’ was not found identical with and/or similar to any earlier mark registered or pending registration in respect of said goods or similar goods before filing an application for registration of its trademark `ZENOVIT’. The registration of trade mark of applicant was granted on 15.4.1994 and is effective from 10.3.1989. The said trademark is duly renewed from time to time and is valid and subsisting.

That, in or about November, 2011, it came to the notice of the applicant that, the respondents commenced using the trade mark `ZENOVIT’ by manufacturing multi-vitamins and minerals & antioxidant softgels in the form of capsules bearing the trade mark `ZENOVIT’ . The trademark `ZENOVIT’ adopted and being used by respondents is deceptively similar and/or identical to the applicant’s registered trademark `ZENOVIT’. Appellant therefore issued a notice dated 15.11.2011 to respondents informing them about the applicant’s registration of the said trademark and calling upon them to cease and desist from using impugned trademark. Applicant also called upon the respondent No.2 to immediately withdraw the trademark `ZENOVIT’ from use. Despite receipt of said notice dated 15.11.2011, the respondents neither replied it nor ceased their activities of infringing trademark of the applicant and therefore by its letter dated 17.01.2012, the applicant, again called upon respondents to stop infringing applicant’s trademark. The respondents were also called upon for immediate compliance by cease and desist of use of trademark `ZENOVIT’ in respect of the said goods. As the respondents did not reply the second communication dated 17.1.2012, the applicant once again issued/addressed third communication dated 3rd May 2012 to the respondents. That, thereafter the applicant did not find impugned goods of responden