JUDGMENT :

[Amit Bansal, J.]

I.A. 12642/2022 (O-XXXIX R-1 & 2 of CPC)

1. By way of the present judgment, I shall decide the application filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).

2. Submissions on behalf of the counsels were heard on 7th December, 2022, 13th December, 2022 and 6th January, 2023, when judgment was reserved and liberty was given to both parties to file written submissions within one week. Pursuant thereto, written submissions have been filed on behalf of the parties.

3. Briefly, the case set up by the plaintiff in the plaint is as follows:

3.1. The plaintiff company is in the business of processing, marketing and exporting rice of various kinds and is a market leader in the aforesaid business in India.

3.2. In 2019, the plaintiff acquired rights in the trademark ‘INDIA GATE’ (word per se) from one, Mr. Ram Pratap vide Deed of Assignment dated 6th August, 2019 and hence, the trademark ‘INDIA GATE’ (word per se) was subsequently registered in favour of the plaintiff vide registration certificate dated 12th August, 2019, effective from 18th June, 1993.

3.3. The plaintiff has filed various other trademark ap