M.L. Mehta, J.

1. The instant order disposes the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Civil Procedure Code (for short “the Code”) and an application filed by the defendant under Order VII Rules 10 and 11 of the Code.

2. The suit has been filed by the plaintiff seeking a permanent injunction against passing off and damages under Section 27 of the Trade Marks Act, 1999 with respect to their prickly heat powder under the trade mark NYCIL. The facts giving rise to this suit are as follows.

3. The plaintiff is a company incorporated under the Indian Companies Act, 1956 having its registered office in Mumbai and branch offices in Delhi. The plaintiff is a wholly owned subsidiary of H.J. Heinz Company, a company incorporated under the laws of the State of Pennsylvania, USA. The plaintiff has had its presence in the Indian market since its incorporation in India in 1994 and manufactures well-known products such as Complan, Glucon-D, Heinz Tomato Ketchup, Sampriti Ghee etc and markets the prickly heat powder NYCIL.

4. The plaintiff has contends that the word mark NYCIL has been registered in India since the year 1951 in favour of British Drug H