Manmohan Singh, J.

1. The plaintiff has filed a suit for permanent injunction restraining infringement of design under Registration No.241153, passing off, rendition of accounts, damages etc. The said suit was listed along with IA No.19671/2013 under Order 39 Rules 1 and 2 CPC wherein this Court passed the interim order. Upon service, the defendants have filed reply to the interim application and also filed an application being I.A. No.596/2014 under Order 39 Rule 4 CPC for vacation of the ex parte ad-interim order passed on 6th December, 2013.

Case of the Plaintiff

2. i) The Plaintiff produces wide variety of open face and full face motorcycle helmets like Safety Helmets, Ski Helmets, Grand Prix Racing Helmets, Jet Helmets, Off Road Helmets, Moto Cross Helmets etc. in different sizes catering to all customer segments.

ii) The helmets, pannier boxes and other motor accessories of the Plaintiff and its sister concerns are manufactured under strict quality control to ensure that they meet the national and the international safety standards.

iii) The Plaintiff’s product is a helmet bearing novel and distinctive features in shape, configuration and surface pattern. The Plaintiff i