Hima Kohli, J.:--

1. The present suit has been instituted by the plaintiff against the defendant praying inter alia that the defendant be restrained from manufacturing, selling, using or dealing with the impugned trademark/label “RED CHIEF LABEL” and “ROYAL CHIEF”, which is identical/deceptively similar to the plaintiff’s trademark/label in relation to the impugned goods and business of manufacturing and marketing of shoes and footwear.

2. A perusal of the order sheets reveals that the suit was registered on 20.5.2014 and on the said date, an ex parte ad interim order was granted in favour of the plaintiff in I.A.No. 9744/2014. Simultaneously, a Local Commissioner was appointed to visit the suit premises and inventorize and seize the goods bearing the plaintiff’s trademark/label “RED CHIEF LABEL” and “ROYAL CHIEF”. After the commission was executed, the Local Commissioner had submitted a report. Thereafter, the defendant had filed an application under Order XXXIX Rule 4 CPC, registered as IA No. 11587/2014, on which notice was issued on 25.6.2014.

3. Learned counsel for the defendant refers to the averments made in IA No. 11587/2014 and to the documents enclosed therewith t