( 1 ) BY way of this application, the plaintiff seeks to amend the plaint to include paragraphs 20a and 20b as set out in paragraph 5 of the application.

( 2 ) BRIEFLY the facts are that the plaintiff is running a television channel under the trademark HBO/home BOX OFFICE since November, 1972. In March, 1996, plaintiff learnt that defendant No. 2 proposed to launch a cable television programming service under the mark CBO/cable BOX OFFICE. Accordingly, the plaintiff filed the present suit for permanent injunction, passing off, etc. against the defendants.

( 3 ) IT is stated that during the pendency of the suit, the plaintiff launched HBO channel in India in March, 2000. At the time of institution of the suit, the channel of the plaintiff was not available on cable television in India. Therefore, the plaintiff seeks leave to amend its plaint by inserting paragraphs 20a and 20b in the plaint as set out in the application.

( 4 ) THE amendments sought for are opposed by the defendant Nos. 1 and 2. It is stated that the present application has been filed by the plaintiff to delay the disposal of the suit after having obtained an injunction in its favour. The application has