1. The suit is listed in terms of order dated 26th October, 2016 of the learned Joint Registrar.

2. The counsel for the plaintiffs and the counsel for the defendant have been heard.

3. The plaintiffs instituted this suit, for injunction restraining infringement of trademark and passing off and for ancillary reliefs, as far back as in the year 2007 and issues were framed in the suit on 20th January, 2009. Though the plaintiffs earlier filed affidavits by way of examination-in-chief of two witnesses but none of the witnesses have been examined till now and the counsel for the plaintiffs states that the said witnesses are now no longer in the employment of the plaintiffs and are not to be examined.

4. The plaintiffs have now on 17th October, 2016 filed affidavit by way of examination-in-chief verified on 17th October, 2016 of Mr. Aditya Singhal constituted attorney of the plaintiffs and the suit was listed before the Joint Registrar on 26th October, 2016 for tendering of said affidavit into evidence. However the counsel for the defendant objected to certain documents having been filed for the first time with the said affidavit. The said documents included an affidavit, also ver