1. The abovementioned appeals arise out of a common judgment dated 24th September, 2009 passed in IA No. 132/2005 in CS (OS) No. 19/2005 titled as “P.P. Jewellers Pvt. Ltd. vs. P.P. Buildwell Pvt. Ltd.” and I.A. No. 4048/2008 in CS (OS) No. 604/2008 titled as “P.P. Jewellers Pvt. Ltd. vs. P.P. Prime Properties and Promoters Pvt. Ltd.”, whereby applications under Order 39 Rules 1 and 2, CPC filed by the Appellant herein P.P. Jewellers Pvt. Ltd. (hereinafter called as “PPJPL”) were dismissed.

2. The Appellant had filed the abovementioned two suits against M/s P.P. Buildwell Pvt. Ltd. (hereinafter called as “P.P. Buildwell”) for passing off and against M/s P.P. Prime Properties and Promoters Pvt. Ltd. (hereinafter called as “P.P. Prime Properties”) for infringement of the trademark and passing off.

3. The brief facts resulting in bringing the abovementioned suits by PPJPL Plaintiff No. 1/Appellant No. 1 herein and M/s L.R. Builders Pvt. Ltd. Plaintiff No.2/ Appellant No. 2 herein in FAO (OS) No. 535/2009 and PPJPL, the sole Plaintiff/Appellant herein in FAO (OS) No. 534/2009, are that Appellant No.1 herein is a well known manufacturer of jewellery, precious metals, their alloys and precious stones etc. They are one of the largest jewellery export houses in India and have won several export awards. PPJPL started its business in the year 1980 taking initials from the names of the brothers Pawan Gupta and Padam Chand, its two promoters. It has annual turnover of Rs. 262 crores and annual promotional expenses of Rs.6.03 crores in the year 2003-2004. It is claimed that the marks “PP”, “PP Jewellers” and “PPJ” have been continuously and extensively used by the Appellant No.1 and it consists of goodwill and reputation attained in the course of business, and thus, the trademark “PP” has come to be consistently and exclusively associated with the goods and business of the group of P.P. Jewellers. It was further contended by the Appellant that on 30th September, 1999, trade mark registry granted the registration word/mark “PP Jewellers” and logo “PPJ” in favour of Appellant No.1 in Class 14.

4. Learned counsel for the Appellants further states that the Appellant No.1 PPJPL subsequently diversified into the building construction and real estate business under the name of P.P. Towers promoted by the Appellant No.2 L.R. Builders Pvt. Ltd. which was incorporated in the year 1995 and in January, 1998 L.R. Builders commenced construction of its commercial complex P.P. Towers, North Extension in Pitampura, New Delhi. Thereafter, it commenced construction of commercial complex at Rohini and Wazirpur under the name of “P.P. Towers” for which logo “PPT” was used. The Appellant No. 1 has also applied for registration of mark “PP” under class 37 relating to building construction on 27th August, 2004, however, the same is pending. The Appellant has also diversified into garment business in 2002 under the name and style of “PP Design Estate”. Thus, according to the Appellants, they have acquired an excellent reputation and goodwill and the trade mark “PP” is the constant distinctive component of all manner of use of its trade marks, trade names, domain names etc., such as “PP Jewellers”, “PP Design Estate”, “PP Towers”, “www.ppjewellers.org” and “www.pptowers.com”.

5. In FAO(OS) 535/2009, it is contended by the learned counsel for the Appellant that the Respondents “PP Buildwell”, a company engaged in the business of constructing commercial complexes like shopping malls with its office at Rohini in Delhi, brought out an advertisement in Navbharat Times Newspaper in the first week of December, 2004. The Respondents “PP Buildwell” issued offer for sale of commercial outlets at the proposed shopping mall, being constructed at Sector-9, Rohini (in the vicinity of the Appellant?s commercial complexes) and their invitation for booking for the “North Ex. Mall”, shows a pictorial representation of a shopping mall in which the two towers display letters