Manmohan Singh, J.

1. By this order, I propose to decide the application being I.A. No. 6309/2010 filed by the plaintiffs under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 for amendment of the plaint and Order 1 Rule 10(2) CPC for impleadment of M/s. Priority Marketing Pvt. Ltd. as defendant No. 2.

2. The two plaintiffs, namely, Advance Magazine Publishers Inc., USA and Conde Nast India Private Limited, New Delhi, have filed the present suit for permanent injunction against the defendant M/s Just Lifestyle Private Limited, Mumbai, inter-alia, infringement of trademark and passing off in relation to the mark "VOGUE".

3. The suit as well as interim application was first time listed before the Court on 13.11.2009 when the summons were issued in the main suit and notice in the interim application being I.A. No. 14609/2009, the Court also restrained from using the registered trademark "VOGUE" as part of its trademark "JUST IN VOGUE" or any other deceptively similar trademark in relation to its goods and service.

4. The said order was challenged by the defendant by filing of an appeal being FAO (OS) No. 559/2009 before the Division Bench who stayed the operati