1. The present application has been filed by the applicant/defendant in the suit in C.S.No.426 of 2013 under Order XIV Rule 8 of O.S. Rules read with Order VII Rule 11 C.P.C. to reject the plaint filed by the respondent/plaintiff stating that there is no cause of action for filing the suit and this Court has no jurisdiction to adjudge the present suit.

2. For the sake of convenience, the parties will be referred to as per their ranking in the civil suit.

3. The plaintiff has filed the suit in C.S.No.426 of 2013 as against the defendant for the following reliefs:-

(i) For a permanent injunction restraining the defendant, their men, agents or any person claiming through them from in any manner infringing the plaintiff's trade mark "OLAMIN" by manufacturing, marketing, distributing, offering or advertising for sale the defendant's product in the name and style of "OLMIN" or any other deceptively similar name.

(ii) For a permanent injunction restraining the defendant, their men, agents or any person claiming through them from in any manner manufacturing, marketing, distributing, offering or advertising for sale their product "OLMIN" or similar sounding names in the course of their