JUDGMENT

Yogesh Khanna, J. - IA No.15651/2021 is moved by the defendant under Order 39 Rule 4 CPC for vacation of the ad-interim order dated 03.09.2021.

2. With the consent of learned counsels for parties, arguments on this application have been heard without seeking its response from the plaintiff.

3. On 03.09.2021, this Court interalia directed as under:-

9. Keeping in view the user of the plaintiff of the mark since 1963 and the reputation of the plaintiff, plaintiff has made out a prima facie case. The defendant is restrained by an ex parte injunction from using or asserting any right on the trademark "THE BRITISH INTERNATIONAL SCHOOL" or any other trademark similar to the plaintiff"s trademark THE BRITISH SCHOOL/. The defendant will take steps within three months from the date of receipt of the injunction order.

4. The learned senior counsel for the defendant submit the mark of the defendant British International School of Chennai was registered on 16.07.2007 and whereas the mark of the plaintiff was registered only on 23.04.2013 and that there has been concealment of facts in the plaint. He refers to a documents filed by the defendant at page No.19 of documents vz. a copy of the T