Valmiki J. Mehta, J.

IA No.8739/2017 (u/O. VI R.17 CPC filed by plaintiff) and IA No.9810/2017 (u/O.VII R.10 CPC filed by defendants)

1.(i) This is a suit filed by two plaintiffs. Plaintiff no.1 is Bajaj Resources Limited. Plaintiff no.2 is Bajaj Corporation Limited. The subject suit is a suit for infringement of the trademark, passing off, dilution, unfair competition and damages etc. Plaintiff no.1 is the owner of the subject trademark. Plaintiff no.2 is a licensee for user of the trademark.

(ii) There are five defendants in the suit. Defendant no.1 is a company M/s. Goyal Herbals Private Limited. Defendant no.1 is marketing the impugned products which are manufactured by the defendant no.4 M/s. Gaurav Herbal Udyog. Defendant nos. 2, 3 and 5 are also the selling agents of the products being manufactured by the defendant no.4.

2. The disputes between the parties pertain to the claim of the plaintiffs that there is infringement by the defendants of the plaintiff’s trademark. The subject trademark is a composite trademark in the form of a shape of bottle with its label containing the word mark Bajaj Almond Drops along with the trade-dress as a whole containing the word mark Ba