JUDGMENT :

Vikramajit Sen, J.

This application has been filed in the suit in which a perpetual injunction restraining the Defendant from passing-off his business activities as those of the plaintiff has been prayed for. Both the parties are engaged in the Restaurant business in the name and style of 'Oxygen'. The plaintiff has contended unlike the Defendant that it has obtained permissions from various Government Departments such as the Municipal Corporation of Delhi, Excise Department, Tourism Department in the name of 'Oxygen'. It is stated that the plaintiff commenced business in July 2002. The grievance of the plaintiff is that the Defendant commenced a similar restaurant business also in the name and style of Oxygen with effect from 31st August, 2002. It has been emphasised by Shri A.K. Goel, learned counsel for the plaintiff that one of the Directors of the Defendant Company had made a Complaint with the appropriate authority in the form of an affidavit dated 17.8.2002 against the use of @ i.e. denoting that registration had been accorded to the plaintiff in respect of their name Oxygen. On this premise it was vehemently argued that the Defendant was well aware that the plainti