JUDGMENT

Manmohan Singh, J.

1. By this order I shall dispose of the application filed by the plaintiffs (IA No. 15242/2008) under Order XXXIX Rule 1 and 2 read with Section 151 CPC as well as application filed by defendant (IA No. 307/2009) under Order XXXIX Rule 4 read with Section 151 CPC for vacation of injunction granted to the plaintiffs restraining the defendant, its agents, representatives, assignors from offering its service in the field of education, under the trade mark, 'GOENKA or its school, 'GOENKA PUBLIC SCHOOL', 'GOENKA GIRLS COLLEGE' and 'GOENKA COLLEGE OF PHARMACY'.

2. Brief facts are that the plaintiffs have filed the suit for infringement of trade marks and passing off and damages etc. against the defendant.

3. It is averred in the plaint that the Plaintiff No. 1 is a noted businessman with experience of over two decades in the field of imparting education, real estate, travel, tourism and Plaintiff No. 2 is a company incorporated under the Companies Act, 1956 and is engaged in the field of imparting education under the license from first Plaintiff. In 1994, Plaintiffs opened 'G.D. Goenka Public School' at Delhi through G.D. Goenka Educational Society.

4.