JUDGMENT :

Devinder Gupta, J.

This appeal is against an order passed by learned Single Judge on 23.9.1998 allowing the application of plaintiff/Respondent filed under Order 39 Rules 1 and 2 C.P.C. thereby restraining the Defendants/Appellants from using the stylized logo and trade mark PC MAGAZINE, INTERNET USER, COMPUTER SHOPPER and PC WEEK subject to furnishing a bank guarantee of Rs. 5 lakhs to compensate the defendants/appellants, in case suit is finally dismissed. Learned Single Judge on appreciation of the material placed before him concluded that there was prima facie case for grant of injunction; balance of convenience also lay for grant of injunction in favor of the plaintiff/Respondent; and the plaintiff/Respondent will suffer irreparable loss and injury in case injunction, prayed for, is not granted. Learned Single Judge noticed that the defendants/appellants had taken a license with respect to PC MAGAZINE from the plaintiff/Respondent. On referring to Clause 12 of the said agreement, learned Single Judge negatived the case set up by the defendants of prior user of mark observing that in case the defendants had not taken the license and published PC MAGAZINE under the said