( 1 ) THE plaintiff has filed the suit for permanent injunction, seeking to restrain the defendant, their servants, agents, representatives, dealers and all other persons from dealing in real estate and construction business or any other business under the name REGENCY Estate, or any other name identical or deceptively similar to the plaintiff s. name/mark REGENCY- The plaintiff has moved the interim application bearing I. A. No. 5570 of 1989, in this matter, and by this order, I propose to deal with the said interim application.

( 2 ) THE plaintiff asserts that Regency Industries Ltd. is the current name of the plaintiff, and that initially the plaintiff was incorporated on 9-7-1984 under the name and style M/s. Regency Apartments India (P) Ltd. , and thereafter changed its corporate name to M/s. Regency properties Ltd. in the year 1985, and once again changed its name to the present name M/s. Regency Industries Ltd. in the year 1987. The plaintiff asserts that it is carrying on. since 1984, the business of real estate and construction business, as also other business activities. It is asserted in para 5 of the plaint that a number of commercial/residential complexes and Farm Houses have been built up by the plaintiff under the name REGENCY, which are as under :

(A) REGENCY TOWER-A six storeyed Commercial Complex in Lucknow having total outlay of Rs. 9 million, was successfully commissioned in JUJC 1986. (b) REGENCY AVADH-A 12 storeyed shopping/residential building in Lucknow having airconditioned shops and Deluxe apartments, at a total cost arounds Rs. 45 million, was successfully commissioned in 1987. (c) REGENCY PLAZA I-A 8 storeyed office complex in Luckno w, at a total cost around Rs. 12 million, was successfully commissioned in 1988. (d) REGENCY PLAZA II-A commercial complex in Kanpur, was coissioned in the year 1988 and very soon to be completed. (e) REGENCY ARCH-A 10 storeyed residential complex at Ghaziabad, was commenced in the year 1989 and very soon to bo completed. (f) REGENCY FARMS-A project to develop farm houses was commenced at Lucknow in the year 1986 ; Delhi-Asola in the year 1987, Delhi-Bhatti in the year 1988 and at Haryana-Gurgaon in the year 1989 and the same is nearing completion, (g) The plaintiff has also undertaken turn-key construction projects like: (i) Expansion of Sugar Mill at Ramala in the year 1987. (ii) a 15 storeyed complex at Kaushambi in the year 1988, and, (iii) 131 houses at Meerut in the year 1988. (h) The plaintiff has also undertaken a project to develop a Resort at Nainital. "

( 3 ) THE plaintiff, therefore, asserts that in view of the aforesaid activities of the plaintiff, the name REGENCY, or mark REGENCY which has been adopted bonafide and honestly by the plaintiff in the year 1984 with respect to real estate and construction business, has been continuously and uninterruptedly in use by the plaintiff without any hindrance from any corner.

( 4 ) IT is asserted by the plaintiff that the plaintiff was the first one to adoptor originate the mark REGENCY with respect to the real estate and construction business since the year 1984. The plaintiff asserts that it has given wide publicity to its name REGENCY/mark REGENCY through various advertising media, and asserts that the name REGENCY/mark REGENCY is exclusively associated and identified by the public and trade with the plaintiff and its business.

( 5 ) THE defendant Kedar Builders, the plaintiff asserts, has recently started using the name REGENCY Estate with respect to the defendant s construction Real Estate Project (shops, flats, commercial complex) at Gurgaon, with dishonest intent and full knowledge of the association of REGENCY with the plaintiff s name. The plaintiff has also filed advertisements which were published by the plaintiff in the newspapers, along with the plaint. It is asserted that the plaintiff has suffered injury, and will suffer injury in its business, name and reputation unless the defendant