Manmohan Singh, J.

1. Rajeev Saumitra, plaintiff has filed the present suit for, inter alia, declaration, rendition of account, damages, permanent and mandatory injunctions against the three defendants namely, (i) Ms. Neetu Singh (ii) M/s. K.D. Campus Pvt. Ltd. (iii) M/s. Paramount Coaching Centre Pvt. Ltd.

2. By way of this order, I propose to decide the pending application being I.A. No.17545/2015, under Order XXXIX Rules 1 and 2 CPC filed by the plaintiff.

3. The defendant No.3 is a private limited company incorporated under the Companies Act, 1956 vide certificate of incorporation dated 8th December, 2009. The plaintiff and his wife, defendant No.1 are holding 50% share each of defendant No.3 who is involved in the business of imparting education, training and preparation for various national competitive examinations.

4. There is a dispute between the plaintiff and defendant No.1 as to who adopted the mark PARAMOUNT prior in times. However, it is not in dispute that in 2009, the said mark became the property of defendant No.3-Company on its incorporation.

5. It is the case of the plaintiff that he began the business of imparting education under the banner of Paramount Coac