Prathiba M. Singh, J.

I.A. 3051/2019 (u/Order XXXIX Rules 1 and 2 CPC) and I.A. 3686/2019 (u/Order XXXIX Rule 4 CPC)

1. The present order disposes of two applications being under Order XXXIX Rule 1 and 2 CPC and under Order XXXIX Rule 4 CPC.

2. The Plaintiff - Bata India Limited (hereinafter "Plaintiff") has filed the present suit seeking an injunction restraining infringement of trademark, passing off, unfair competition, damages, etc. The facts as essential for the present order are narrated below.

Plaintiff's case

3. The Plaintiff is a well-known manufacturer and seller of footwear. It was incorporated in 1931 in the name of its predecessor - Bata Shoe Company Private Limited. In the year 1973, it became a Public Limited Company, and changed its name to M/S Bata India Ltd. It adopted the mark 'POWER' for footwear in the early 1970s and the same has been in continuous use for almost 50 years. The 'POWER' brand is registered in favour of the Plaintiff, both in word form and logo form and as a combination with other marks. The 'POWER' range of footwear of "BATA" have been