Rajiv Sahai Endlaw, J.

The two plaintiffs i.e. Mallcom (India) Ltd. and Mallcom Safety Pvt. Ltd., being the proprietors of the registered trade mark Tiger (Label)", in respect of safety equipment, more particularly safety shoes, have instituted this suit to restrain the defendants no.1 and 2 i.e. Rakesh Kumar and Manoj Kumar from carrying on business in the name and style of defendant no.3 M.K. Sales Corporation and the defendants no.4 and 5 viz. Adeeba International and Alina Exim, from infringing the said trade mark of the plaintiffs and passing off their goods under the mark Tiger and for ancillary relief’s.

2. The suit came up first before this Court on 5th May, 2016 when, while issuing summons thereof, vide ex parte ad-interim order, the defendants were restrained from manufacturing, selling or otherwise dealing in goods under the trade mark Tiger or any other mark similar or deceptively similar to the plaintiffs" mark Tiger, and commissions were also issued for seizure of the infringing goods. The defendants no.4 and 5 filed an application under Order XXXIX Rule 4 of the CPC. Though the same counsel appears for all the defendants, separate written statements have been