JUDGMENT :

Rajiv Sahai Endlaw, J.

1. The counsel for the defendants seeks discharge. He states that he has given notice of the same to the defendants. None appears for the defendants.

2. The defendants are ordered to be proceeded against ex-parte.

3. The plaintiff has instituted this suit for permanent injunction restraining the two defendants Mr. Raghav Kalra and Mr. Sunil Kalra from directly or indirectly dealing in goods and services more specifically restaurant services, eateries, hospitality services etc. under the Trademark UNITED COFFEE HOUSE or any other Trademark deceptively similar thereto, which may cause passing off by the defendants of their such services as those of the plaintiff and for ancillary reliefs, pleading:

(i) that the Trademark and corporate name UNITED COFFEE HOUSE had made its beginning in the year 1942 when a partnership concern in the said name was established and commenced carrying on business in the heart of the city of New Delhi at Connaught Place.

(ii) that the said business continued to be run smoothly in partnership from 1942 till 1990.

(iii) that in the year 1992 the defendant no. 1 Mr. Raghav Kalra, then still a minor was admitted to the benefits of th