JUDGMENT :

C. Hari Shankar, J.

I.A. 1203/2022 (Order XXXIX Rules 1 and 2 of the CPC)

1. This judgment disposes of IA 1203/2022, whereby the plaintiffs seek interlocutory injunctive reliefs against the defendants, pending disposal of CS (Comm) 56/2022, instituted by them.

2. Arguments in this matter have been heard over a considerable period of time. However, I am of the opinion that the plaintiffs would stand disentitled to interim relief as sought both on account of certain admissions of fact, contained in a counterstatement filed by the plaintiffs on 14th January 2020, in response to proceedings initiated by the defendants against the plaintiffs under Section 57 of the Trade Marks Act, 1999, as also because the document, containing the said admission of fact, was suppressed while filing the present plaint.

Facts

3. The rival marks, with which we are concerned in the present case, are the following:

[IMAGE]

4. The defendants applied for registration of the impugned [IMAGE] mark in Class 11 on 25th September 2014, claiming user since 1st April 2014 and covering apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes