JUDGMENT

I.A. 9604/2020 [U/Or. XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908]

1. The present application has been filed by the plaintiff praying for an order of ad-interim injunction restraining the defendant nos.1 and 4 from using, selling, exporting, advertising or in any other mode or manner dealing in or using the mark `TAJ MAHAL/, (word or device) (hereinafter referred to as `TAJ MAHAL').

FACTUAL BACKGROUND

I) CASE OF THE PLAINTIFF

2. It is the case of the plaintiff that the plaintiff is engaged in the business of processing, marketing and exporting rice of various kinds, including basmati rice and non-basmati rice. It adopted and has used the mark `TAJ MAHAL' in relation to rice since the year 1978 and has been selling the same all over India, as also exporting to Europe, U.S.A., Canada and the Middle East since the year 1978. The said mark is also registered in Class 30 under the provisions of the Trade Marks Act, 1999 (in short, `the Act') read with the Trade Marks Rules, 2002, as under:

S. NO.	Trade Mark	Class	Registration No.	Date of Application
1.	Taj Mahal (Word)	30	338004	30/06/1978
2.		30	387177	03/03/1982

3. The said registrations were applie