MANMOHAN SINGH, J.

1. The plaintiff has filed the present suit for permanent injunction restraining passing off and rendition of accounts and/or damages, against the defendants in respect of the mark LUCYNTA.

2. By this order, I propose to decide the pending application being I.A. No.11918/2012 filed by the plaintiff under Order 39 Rule 1 and 2 CPC read with Section 151 CPC.

3. Brief facts of the case as per plaint are:-

(i) That the plaintiff, a corporation organized and existing under the laws of State of New Jersey, USA, was founded in the year 1886. The plaintiff along with its group companies claims to be the world leaders in pharmaceutical and consumer products. It is stated that plaintiff has a highly diversified business with at least 250 subsidiaries in 57 countries around the world.

(ii) Plaintiff's subsidiary Johnson & Johnson Limited was incorporated in India in the year 1957. It is averred that the same is today amongst the leading manufacturers, merchants, dealers and distributors of human pharmaceutical preparations in India. With over last more than 50 years presence in India, plaintiff has gained reputation for offering high-quality products at competitive pric