ORDER :- This is an application under Section 10 of the Code of Civil Procedure, 1908 (in short "the CPC"); it has been filed by the defendants in C.S. No. 138 of 2003. It is for stay of the suit and dismissal of the interlocutory application (G.A. No. 1675 of 2003) filed by the plaintiffs in the suit.

2. Plaintiff 1 is the proprietor of the registered trade mark "Glucon D". Under the trade mark plaintiff 2 is manufacturing and marketing an instant energy drink. Defendant 1 is manufacturing and selling an instant energy drink under the trade mark "Glucose D". Alleging that acts of defendant 1 amounted to infringement of registered trade mark and passing off, the plaintiffs filed Civil Suit No. 2 of 2003 in the Court of the Additional District Judge at Gurgaon (Haryana). Such suit filed on February 19th, 2003 is pending. The present suit was filed on May 8th, 2003. Alleging that the matter in issue in the present suit is also directly and substantially in issue in the previously instituted suit, the defendants have filed this application under Section 10 of the CPC.

3. Mr. Sudipto Sarkar appears for the defendants. He submits that the Gurgaon suit was filed by the plaintiffs