(Appeal filed under Order XXXVI Rule 11 of the O.S. Rules read with Clause 15 of the Letters Patent against the order dated 1.4.2005 passed in Appln.No.3352 of 2004 in Appln.No.2306 of 2004 in C.S.No.512 of 2004.)

P.K. MISRA, J.

The present appeal is directed against the order dated 1.4.2005 passed by the learned single Judge in Appln.Nos.2306 and 3352 of 2004 arising out of C.S.No.512 of 2004.

2. The respondent filed C.S.No.512 of 2004 under Order IV Rule 1 of Madras High Court Original Side Rules and Order VII Rule 1 of C.P.C. read with Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999 and Sections 51, 55 & 62 of the Copyright Act, 1957, against the present appellants for the alleged infringement of the plaintiff’s registered trademark and for other consequential reliefs, including permanent injunction. At that stage, the plaintiff filed Appln.No.2306 of 2004 under Clause 12 of the Letters Patent seeking leave to file the suit. Such leave was granted by order dated 23.6.2004. Thereafter, the defendants (present appellants) filed Appln. No.3352 of 2004 seeking to revoke the leave granted. In such application, the main contention of the defendants was to the effe