JUDGMENT :

Badar Durrez Ahmed, J.

1. Is No. 2463/2008 has been filed by the plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') seeking an interim injunction restraining the defendants from using the mark 'EVEREST' in respect of any of their products falling under Classes 29 and 30 of the Fourth Schedule to the Trademark Rules, 2002 inasmuch as such use allegedly amounts to infringement of the plaintiff's alleged registered trademark 'EVEREST'. By an order dated 25.02.2008 this Court had granted an ex parte ad-interim injunction against the defendants in respect of the use of the said mark 'EVEREST'. The defendants, after notice of the said order dated 25.02.2008, have not only filed their written statement in the suit and reply to the plaintiff's application under Order 39 Rules 1 and 2 CPC but have also filed an independent application (IA No. 3031/2008) under Order 39 Rule 4 seeking vacation of the ex parte ad interim injunction granted by this Court on 25.02.2008. Both the applications are taken up together.

2. In the plaint the plaintiff had stated that it is the proprietor of the registered trademark 'EVEREST' in cla