JUDGMENT

Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.

1. Plaintiff has prayed for an order for permanent injunction restraining the defendants, its proprietors, officers, servants, employees, dealers, agents, representatives, distributors and all other persons acting on behalf of defendants from marketing, supplying, selling and offering for sale, advertising directly or indirectly medicinal and pharmaceutical preparations under the trade mark NISE, ULTRA NISE & OMEZA and/or any other trade mark deceptively similar to the plaintiff's trade mark, which is likely to cause confusion or deception amounting to infringement of the plaintiff's trade mark and/or passing off its goods and business. A direction is also sought against the defendants to remove all listing of plaintiff's trade mark NISE, ULTRA NISE & OMEZA made on B2B and B2C websites or portals that may be used by the defendants to promote its products bearing mark ULTRA NISE & OMEZA or any other identical or deceptively similar trade mark. Besides, plaintiff has also sought disclosure by defendant of total sale of products under plaintiff's trade mark; delivery upon affidavit of defendant