Jayant Nath, J.

IA Nos. 3491/2018 & 4583/2018

1. This suit has been filed by the plaintiffs seeking permanent injunction to restrain the defendants from infringing the plaintiffs’ right in the registered trademarks ‘GOENKA’, ‘G.D.GOENKA’ and ‘GD GOENKA SCHOOL’, etc. and also form doing acts of passing off and seeking rendition of accounts.

2. IA No. 3491/2018 is filed under Order 39 Rules 1 & 2 CPC seeking an ex parte interim injunction against the defendants.

3. This court on 13.03.2018 when the matter came up for hearing, restrained the defendants from using the trademark ‘GOENKA INTERNATIONAL SCHOOL’ or any other mark which is deceptively similar to the registered trademark of the plaintiffs.

4. IA No.4583/2018 has been filed by the defendants under Order 39 Rule 4 CPC seeking vacation of the said interim order dated 13.03.2018. On 17.04.2018, this court had partly modified the stay order on the plea of the learned counsel for the defendants who had submitted that without prejudice to the defendants’ rights and contentions, the defendants would apply for change of name with CBSE. However, until CBSE takes action on the request of the defendants, it was pleaded that the defe