RAJIV SAHAI ENDLAW, J.

I.A. No. 2502/2017 (of plaintiff u/o XXXIX R-1 and 2 CPC) and 3523/2017 (of defendants u/o XXXIX R-4 CPC)

1. The plaintiff has instituted the present suit against the two defendants namely Tigaksha Metallics Private Limited and Supermax Personal Care Pvt. Ltd. for permanent injunction restraining the defendants from infringing the trade marks WILKINSON SWORD LEMON SPLASH of the plaintiff by adopting the marks TALVAR and/or the device of a sword and/or deceptive variations of the plaintiffs trade marks and from thereby passing off their goods as that of the plaintiff and for ancillary reliefs of delivery, rendition of accounts, damages, etc.

2. The suit came up before this Court first on 27th February, 2017, when while issuing summons of the suit, the defendants were restrained from producing/manufacturing and/or from releasing the already manufactured and packed goods under the trade mark TALVAR or the device mark TALVAR with the sword.

3. The two defendants, besides filing their written statement, have also filed application aforesaid under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 (CPC). Replication has been filed by the plaintiff to wri