RAJIV SAHAI ENDLAW, J.

1. The plaintiff no. 1 Karan's Gurukul Classes, a partnership of plaintiffs no. 2 & 3 Hemant Kumar and Manish Kumar, has sued the defendant no. 1 Gurukul Classes IIT Division, a partnership of defendants no. 2 & 3 Pradip Giri and Dipak Giri, for permanent injunction restraining infringement of the device trade mark GURUKUL CLASSES and passing off by the defendants of their same business as that of the plaintiffs by adopting the mark GURUKUL CLASSES IIT DIVISION and for ancillary reliefs.

2. The suit was entertained, though no ex-parte ad interim injunction sought granted.

3. Pleadings have been completed.

4. The suit is ripe for framing of issues and for hearing of (i) application of the plaintiffs for interim relief; (ii) application of the defendants for summary dismissal of the suit under Order XIIIA of the Code of Civil Procedure, 1908 (CPC) as applicable to Commercial Suits and (iii) application of the defendants under Section 124 of the Trade Marks Act, 1999.

5. In accordance with the dicta of the Supreme Court in Patel Field Marshal Agencies vs. P.M. Diesels Ltd. (2018) 2 SCC 112, before consideration of the application under Section 124 of the Tr