RAJIV SAHAI ENDLAW, J.

IA No. 7259/2016 (of the plaintiffs under Order XXXIX Rules 1&2 CPC)

1. The two plaintiffs viz. (a) H&M Hennes & Mauritz AB, Sweden and (b) H&M Hennes & Mauritz Retail Pvt. Ltd. New Delhi have sued the defendants no. 1 to 4 viz. (i) HM Mega brands Pvt. Ltd. (ii) Mr. Arif Merchant, (iii) Mr. Hamza Arif Merchant and (iv) Mr. Hashim Arif Merchant, inter-alia for injunction restraining passing off/infringement of trade mark HM of the plaintiffs, by use of the trade mark HM MEGA BRANDS and for ancillary reliefs.

2. The suit along with the application for interim relief came up before this Court first on 2nd June, 2016 when the defendants being on caveat appeared and the hearing of the application for interim relief was deferred to the after notice stage. Pleadings were completed and the senior counsel for the plaintiffs and the senior counsel for the defendants were heard on 22nd August, 2016 and 23rd August, 2016 and order reserved.

3. It is the case of the plaintiffs (i) that plaintiff no. 1 H&M Hennes & Mauritz AB, Sweden is the proprietor of the tr