JUDGMENT

amit Bansal, J. - I.a.16755/2021 (O-XXXIX Rule-1 and 2 of CPC) & I.a.678/2022 (O-XXXIX R-4 of CPC)

1. By way of the present judgment, I propose to decide the application filed by the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) for grant of interim injunction pending the disposal of the suit and the application filed on behalf of the defendant No.1 under Order XXXIX Rule 4 of the CPC seeking vacation of the ex parte ad interim injunction granted on 16th December, 2021, in favour of the plaintiffs.

2. The plaintiffs have filed the present suit seeking permanent injunction against the defendants from infringing/passing off, inter alia, the trademarks, copyright of the plaintiffs and other ancillary reliefs. In the suit, it has been pleaded that:

2.1 The mark 'MOTI MaHaL' was coined and adopted by late Sh. Kundan Lal Gujral, grandfather of plaintiffs No.1 and 2 and father-in-law of plaintiff No.3, when he opened a restaurant under the distinctive trademark 'MOTI MaHaL' in Peshawar in the year 1920 and subsequently, in 1947 in Delhi.

2.2 an application for registration of the mark 'MOTI MaHaL' in Class-29 was filed by late Sh. Kundan Lal G