JUDGMENT :

G.S. Sistani, J.

Plaintiff has filed the present suit for permanent injunction, infringement of trade mark, damages, delivery up. On the first date of hearing i.e. 30.11.2007 while granting exparte ad interim injunction summons in the suit and notice in the application were issued. On 1.12.2008 the defendant entered appearance. Thereafter written statement was filed. As none appeared on behalf of the defendant on 4.2.2009, 25.2.2009 and 4.3.2009, defendant was proceeded ex parte on 4.3.2009 and injunction order was made absolute. Subsequently, I.A. No. 5713/2009 was filed by the defendant seeking recall of the order dated 14.3.2009, which application was allowed on 14.9.2009. Thereafter on 24.5.2010 the defendant was again proceeded ex parte. Plaintiff has filed ex parte evidence of one Mr. Vinod Kumar, Director of the plaintiff company. Copy of the Resolution in his favour is marked as Exhibit PW-1/1. In the said affidavit Mr. Vinod Kumar has deposed that plaintiff is the proprietor of the registered trade mark 555 vide registration no. 11989 in Class 3 in respect of