PRADEEP NANDRAJOG, J.

1. The backdrop facts leading to filing of the above captioned appeal are that on November 12, 2009 the respondents filed a suit on the Original Side of this Court inter-alia praying for a decree of permanent injunction restraining the appellant or any other person acting under its authority from using the trade mark ‘VOGUE’ as part of its trade mark ‘JUST IN VOGUE’ in relation to its goods/services, in any manner whatsoever. Prayer(s) for rendition of accounts and delivery/destruction of infringing goods were also made in the suit. Along with the suit, the respondents filed an application under Order XXXIX Rule 1 and 2 CPC being I.A. No.14609/2009 praying for an interim injunction till the disposal of the suit.

2. In the plaint filed, it was pleaded by the respondents that the respondent No.1 together with its affiliates is engaged in the business of publication and distribution of magazines and journals internationally. The respondent No.2 is the wholly owned subsidiary of the respondent No.1 as also the licensed/permitted user of trade mark of the respondent No.1, having its branch office at Unit No.15, First Floor, Plot No.D-2, Southern Park, Sak