MANMOHAN SINGH, J.

1. By way of this order I propose to decide the abovementioned contempt petition filed by the petitioners/plaintiffs which is pending for the last more than 2 years.

2. The plaintiffs filed the present suit for seeking permanent and mandatory injunction restraining the defendants/respondents from infringing and passing off trademark JIVA, which suit is pending adjudication along with the plaint. The plaintiff had also filed an application under Section XXXIX Rule 1 and 2 CPC in the suit, seeking the following interim reliefs:

“(i) Pass an order restraining the defendants, their Chairman, Directors, Managers, Officers, Agents as also their hotels, resorts and other entities or anyone else connected with the defendants directly or indirectly from adopting and/ or using the trade mark “JIVA” or any other identical or deceptively similar or confusing trade name and/ or trademark “JIVA” in relation to any of their goods and services and the defendants be further restrained from manufacturing, producing or rendering or offering for sale and/or advertising, marketing etc. any goods or services under, the trade name and/or trademark “JIVA” and the defendants b