Valmiki J. Mehta, J.:--

I.A. No. 10863/2015 (stay)

1. This application for injunction has been filed in a suit of the plaintiff seeking injunction against the infringement of the registered trade mark and passing off etc. Plaintiff is the registered owner of the trade mark RAJSHREE. Details of registration of the trade mark RAJSHREE have been given in para 4 of the plaint and which shows that there are six registrations of the word mark RAJSHREE in favour of the plaintiff with the first registration commencing from 15.6.1989. Also, besides the fact that there is no dispute that the plaintiff’s trade mark is registered, there is also no dispute that plaintiff has commenced business much earlier to the defendant which is said to have commenced business with the impugned trade mark RAASHEE in the year 2009. The plaintiff is using the trade mark RAJSHREE, and the defendant is using the trade mark/word mark RAASHEE for the same products falling in the same Classes 31 and 34 viz of pan masala, supari, betel nuts, zarda mix, mouth freshener and so on.

2. The issue before this Court is whether the trade mark RAASHEE used by the defendant is deceptively similar to the registered tr