MANMOHAN SINGH, J.

1. Plaintiff Varun Gems filed the suit for permanent injunction restraining the infringement of trade mark, passing off, unfair trade dealing, rendition of accounts of profits, damages etc. against two defendants namely Precious Jewels and Ravi Rakyan. The suit along with the interim application was listed before Court on June 01, 2012. Summons in the suit were issued and in the interim application, a detailed order was passed against the defendants by issuance of an ex parte ad-interim injunction whereby they were restrained from using the name RAKYAN and/or any other deceptively similar trade mark to the plaintiff’s trade mark. Upon service, the defendants on August 1, 2012 filed the written statement, reply to the injunction application along with three applications, being I.A.No.14054/2012 under Section 34 of the Trade Marks Act, 1999 and Order XXXIX, Rule 4 CPC, I.A.No.14055/2012 under Order VII, Rule 11 CPC and I.A.No.14056/2012 under Section 124 of the Trade Marks Act, 1999. Notice of these applications was issued for August 30, 2012. Time was granted to file the replies to the fresh applications filed by the defendants. The matter was also heard