Manmohan Singh, J.—

1. By this order, I propose to dispose of the present application bearing I.A. No. 5379/2011 filed under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure, 1908 as well as for infringement of trade mark, passing off and for infringement of Copyright Act, 1963 seeking relief of injunction restraining the defendant from using the mark MANJU in any manner which is amounting to infringement of trade mark, passing off and rendition of accounts.

2. Facts as per Plaint

a) The plaintiff submits that she is the sole proprietor of the firm in the name and style of M/s Manju Monga Cookery Classes situated at A-97, Gujaranwala Town, Part-I, Delhi- 110009, engaged in educating and training of fine variety of cuisines. She is using the said trade mark/trade label MANJU MONGA?S COOKING CLASSES (herein after referred to as the said trademark).

b) The said trade mark has been adopted by her in the year 1999 and since then it is being used. The plaintiff also submits that the word marks MANJU and COOKERY CLASSES form an integral/essential and prominent part of the trade mark. The word MANJU is recognized and indentified instantly and a lot of reputation and go

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