JUDGMENT

Manmohan Singh, J. This order shall dispose of the following applications filed by the parties:

a) IA No.4119/2011 under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) filed by the plaintiff.

b) IA No.5677/2011 under Order XXXIX Rule 4 CPC filed by defendant.

2. The plaintiff has filed the suit for permanent injunction restraining infringement of trade mark, passing off, dilution and tarnishment of trade mark, unfair competition, rendition of accounts, damages and delivery up against the defendants, namely, Ms Kamini Jain, Mr Ashwani Jain and Kamini Creations (Exports).

3. The suit as well as the interim application were listed before the Court on 15.03.2011 and after hearing the learned counsel for the plaintiff, the summons were issued to the defendants in the suit and ad- interim injunction was passed against the defendants thereby restraining the defendants from manufacturing, fabricating, selling, distributing, storing men clothing by the brand name ZEGNA though with different spellings JENYA and MENYA. The Local Commissioner was appointed to make the inventory of the impugned goods.

4. As per the facts mentione