KAILASH GAMBHIR

1. This order shall dispose of the application filed by the plaintiff under order 39 Rules 1& 2 read with Section 151 of the Code of Civil Procedure. Before I deal with the said application it will be necessary to give narration of brief facts of the case as set out by the plaintiff in the plaint and the defence raised by the defendant in the written statement. The plaintiff has filed the present suit for permanent injunction restraining the defendants, its directors/ proprietor/ partners etc from using the trade-mark/trade-name ICRAVE or any other mark/name as may be confusingly or deceptively similar to the said trade-mark/trade-name of the plaintiff in respect of goods of their manufacture and sale and services provided by them amounting to passing off their goods and services and business of the plaintiff and from taking any benefit of the reputation or goodwill of the plaintiff in respect of the said trade-mark or name ICRAVE in any manner whatsoever. The plaintiff has also prayed for an order of delivery up and has also claimed damages to the tune of Rs.20,05,000/-from the defendants for passing off the goods and services of the plaintiff. The plaintiff