I.A. Nos. 16356/2015 (by plaintiffs under O 39 R 1 & 2), I.A. 21595/2015 ( by defendants under O 39 R 4)

1. The plaintiffs have filed the suit for permanent injunction, infringement of trade mark, passing off and have also claimed damages.

2. The plaintiff no. 1 is the registered proprietor of the trade mark CLOSMA vide no. 1475173 dated 01.08.2006 in respect of hardware goods, door closing devices, doors and window fittings, locks and handle fittings etc in Class 6.

3. The plaintiff no.2 is the registered proprietor of trade mark CLOSMA vide no. 1148501 dated 28.10.2002 in respect of hydraulic door closing devices for door closures and floor springs in Class 7. The plaintiff no. 2 is also the registered proprietor of trade mark KELWYN in respect of closing devices for door, doors and window fittings etc in Class 6 and also in respect of hydraulic door closing devices for door closures and floor springs in Class 7 and they are using the trade mark CLOSMA since the year 2002 and KELWYN since the year 1989. The word KELWYN is the prominent part of the trading style of plaintiff no. 1/ firm. It is submitted that website www.closma.com of plaintiff no. 1 provides the information