( 1 ) PLAINTIFFS instituted the suit for permanent injunction restraining the defendants from operating any business, making, selling/transferring, offering for sale, advertising and in any other manner dealing with the goods or services using domain name "www. kabaribazaar. com" or any other combination thereof, as a website on the internet, identical with or descriptively similar to plaintiffs trade name/domain name "www. kabadibazaar. com" as is likely to lead to passing off the business of the defendants as those of plaintiffs. On 24th April, 2000, plaintiffs were granted ex parte injunction on an application under order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short code of Civil Procedure ) which is sought to be confirmed and the defendants moved an application, under Order 39 Rule 4 Code of Civil Procedure for revocation of the interim injunction, pleading that the same was obtained by misrepresentation and false statements. This order will dispose of both these applications.

( 2 ) BRIEFLY stated, plaintiffs case is that they are proprietors of the domain name "www. kabadibazaar. com" and trade-mark, in relation to the