( 1 ) THIS order will dispose of the application of the plaintiff under Order 39 Rules 1 and 2 readwith Section 151 Civil Procedure Code for the grant of an order of injunction restraining Dr. Vinod Kumar, owner, publisher, editor and proprietor of "rupee TIMES" from using the trademark "rupee TIMES" in respect of journal, newspaper or any other trademark which is identical with and/or deceptively similar to the trademark "rupee GAIN" allegedly belonging to the plaintiff. Further injunction is sought against the defendant from using the trademark "rupee TIMES" so as to pass off its journals as that of the plaintiff.

( 2 ) THE facts of this case in short are that M/s. R. B. G. Freelancers Private Limited were engaged in the publication and sale of a bimonthly financial journal under the name and style of "rupee GAINS" since 1986; the name of the said company was subsequently changed to Rupee Gains Tele Times Private Limited; this journal is reported to have been registered with the Registrar of Trademarks under Registration No. RNI- 45792/86 and the said name is in continuous use by the plaintiff for the past about 9 years in respect of financial journal and is sta