Manmohan Singh, J.

1. The present suit for permanent injunction restraining passing off; dilution & tarnishment; unfair competition; damages; rendition of accounts; delivery up; etc. has been filed by the plaintiff against the defendant in respect of the trademark MAXTRADE. Along with the suit, plaintiff also filed an application under Order 39 Rule 1 and 2 being I.A.No.8797/2013.

2. The suit along with said interim application was listed before Court on 24th May, 2013. After hearing, detailed ex-parte order was passed restraining the defendant, its officers, agents, servants, etc. from using the trade mark MAXTRADE or any other mark that is identical/deceptively similar to the plaintiff’s registered trade/service mark MAXTRAD in respect of the same services that are being offered by the plaintiff.

3. Upon service of interim order, the defendant filed an application under Order 39 Rule 4 CPC for vacation of an ex-parte interim order being I.A. No. 10569/2013. No written statement was filed and accordingly the right to file the written statement was closed vide order dated 24th September, 2013. However, the defendant filed a written statement along with the counter claim o