Jayant Nath, J.

I.A. No. 12459/2013 (u/O XXXIX R 4 CPC)

1. The above application under Order XXXIX Rule 4 CPC has been filed by the defendant for vacation of the ex parte ad interim injunction dated 29.07.2013.

2. On 29.07.2013 this court in IA No. 11760/2013 had passed an injunction order restraining the defendants, their employees, agents, etc. from offering any type of services, manufacturing, marketing, selling and offering for sale, products and/or restaurant or hospitality services bearing the mark ZARA as a trade mark, trade name, corporate name, domain name or in any other manner.

3. The plaint is filed seeking a decree of permanent injunction to restrain the defendants, their employees, agents, etc. from offering any type of services, manufacturing, marketing, selling and offering for sale, etc. any products and/or restaurant services or any allied or cognate products bearing the mark ZARA, ZARA TAPAS BAR and from using the mark ZARA as a mark, trade mark, corporate mark, etc. in any manner so as to cause infringement to the plaintiff’s registered trade mark ZARA. Other connected reliefs are also sought.

4. It is averred in the plaint that the word ZARA is coin