JUDGMENT :

Jayant Nath, J.

IA Nos.8795/2017 & 14016/2015

1. The suit is filed by the plaintiff seeking a decree of permanent injunction to restrain defendants etc. from manufacturing, selling, etc. alcoholic beverages especially IMFL and/or goods of any description bearing the trademark MANSION HOUSE and SAVOY CLUB or any other mark which is deceptively similar to the plaintiff's said registered trademarks. Other connected reliefs are also sought.

2. Ia No.14016/2015 is filed by the defendant for dismissal of the suit under Order 2 Rule 2 CPC. IA No.8795/2017 is filed by the plaintiffs under Order 39 Rules 1 and 2 CPC to restrain the defendants from creating any third rights in the trademarks MANSON HOUSE and SAVOY CLUB during pendency of the present dispute.

IA No.8795/2017

I will first deal with the above application for injunction. I may note that when this matter came up for hearing on the first date on 13.10.2014 only notice was issued on the stay application i.e. IA. No. 19963/2014 and no ex parte injunction was passed. IA No. 19963/2014 is still pending. Thereafter IA No.8795/2017 was filed by the plaintiff. In the said application being IA No.8795/2017 it is stated that recently