Hon’ble Pankaj Mithal, J.—The plaintiff-respondent M/s Girraj Food Products, Hathras through its proprietor instituted Original Suit No. 1 of 2009 against the defendant-appellants under the Trade Marks Act, 1999 (hereinafter referred to as an Act) for permanent injunction restraining the defendants from packing and selling ‘Namkeen’ with the name of ‘Raja Chaudhary’ which was said to be similar and deceptive to the registered trade mark ‘Chacha Chaudhary’ of the plaintiff-respondent; for accounting with regard to sale so far made with the deceptive name; and for seizer of all such deceptive material.

2. The suit was instituted on 12.12.2007 and an application for interim injunction was also moved therein. The application was opposed by the defendant-appellants by filing objection on 19.3.2009 and further written statement and it was inter alia contended that as the registered trade mark of the plaintiff-respondent itself is in question, the proceedings of the suit are liable to be stayed and that the trade name used by the defendant-appellants is quite distinct and different to the registered trade mark of the plaintiff-respondent so as to be called deceptive. The applicati