JUDGMENT :

Kailash Gambhir, J.

IA No. 18245/2012 in CS (OS) No. 3010/2012

1. This order shall dispose of the application filed by the plaintiff under Order 39 Rule 1 & 2 r/w Section 151 of the CPC to restrain the defendants, their servants, employees, agents, partners/ proprietors, directors, officers, associates or sister concerns, marketing offices, or any person or entity acting on their behalf or under their authority from releasing from releasing, distributing, exhibiting, performing or communicating to the public by any means or technology oral or audio visual performance of the impugned song 'Mehngai'. It would be pertinent to give a brief conspectus of the facts of the present case to decide the present application. The plaintiff has filed the present suit for permanent injunction restraining infringement of its trademark/name, passing off, defamation, rendition of accounts, damages etc. against the defendants inter-alia on the grounds that the plaintiff is the owner/exclusive licence of legendary brands including BATA, Marie Claire, Hush Puppies, Scholl, North Star, Power, Bubblegummers, Comfit, Koolkids, Sparx etc., and the said trademark and logo BATA is registered in the n