JUDGMENT :

1. Appeal from Order No.194 of 2023 is filed by the original defendants and Appeal from Order No.207 of 2023 is filed by the plaintiffs of Trade Mark suit No.2 of 2017, against the order dated 4.8.2023 passed by the learned 4th Additional District Judge, Vadodara in Trade Mark Suit No.2 of 2017, by which the application filed by the original defendants under Order VII Rule 10 of Code of Civil Procedure, 1908 (`CPC’ for short) is allowed, however, liberty is granted to the original plaintiffs to amend the plaint by deleting the prayer of passing off action with respect to trade mark `Santushti’ of file a fresh suit for copyright infringement within fifteen days from the date of the order.

2. As the facts in both the appeals are same and the contentions raised by the parties are also almost same in reference to the provisions of CPC and also the provisions of Copyright Act and Trademarks Act, the appeals are heard together and decided by this common judgment. The parties are referred to in this judgment as the original plaintiffs and original defendants for the sake of convenience.

3. The brief facts which are stated in the plaint are such that the plaintiffs have started bus