MANMOHAN SINGH, J.

1. By way of this order, I propose to decide the pending application being I.A. No. 23526/2015 filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC.

2. The plaintiff, M/s Saurabh Agrotech Private Limited has filed the suit for permanent injunction, infringement of the trademark, infringement of the copyright, passing off, damages, rendition of accounts and delivery up etc. against the three defendants namely, Radhey Shyam Agencies, Vijay Solvex Limited and M/s Raghuvar (India) Ltd.

3. Brief facts of the case as per the plaint are:-

(i) The plaintiff-Company came to be incorporated in August, 1994. It is engaged in the business of manufacturing, marketing and selling all kinds of edible oil, oil cakes, vegetable ghee and allied goods.

(ii) In the year 1975, one M/s Rohtash Industries Limited, Times House, 4th Floor, 7, Bahadurshah Zafar Marg, New Delhi-110002 adopted and started using the said trademark ASHOKA in relation to goods in question viz. edible oil, oil cakes, vegetable ghee, and allied goods and business of manufacturing and marketing edible oils and used the same continuously and in the course of trade. The said