Indermeet Kaur, J. (Oral)

1. Order impugned before this Court is the order dated 18.10.2011 whereby in a suit for infringement of trademark filed by the plaintiff company namely M/s Levi Strauss and Company the interim relief under Order 39 Rules 1 & 2 of the Code of Civil Procedure (hereinafter referred to as the 'Code') had not been granted; the prayer made in the application under Order 26 Rule 9 of the Code seeking appointment of a Local Commissioner had also been rejected.

2. Record shows that the present suit has been filed by the plaintiff company seeking a mandatory and permanent injunction for passing off, infringement of trademark and copyright, unfair competition, damages and rendition of accounts. The defendant is Nizami Garments, A/7022, Ashok Gali, Gandhi Nagar, Delhi. The plaintiff is stated to be engaged in the business of manufacture and marketing of clothing of all kinds, readymade garments and clothing and leisure shoes, spectacle glasses, sunglasses, bags and other accessories under the trademark "Levi's". The plaintiff is operating his business in various parts and is a well-known branded company. The plaintiff is stated to be the registered owner of several trad