JUDGMENT:

1. The captioned Suit has been filed seeking reliefs inter alia include injunction against the Defendants restraining them from infringing the Plaintiff’s registered trade mark “LOTUS”, restraining Defendants from passing off their products as those of the Plaintiffs’ and restraining Defendants from using the trade name, corporate name and trading style of the Plaintiff. The prayer clauses of the Suit read thus:

"a) that the Defendants by themselves, their servants, agents, and distributors be restrained by an Order and perpetual injunction of this Hon'ble Court from using in relation to edible vegetable oils, hydrogenated vegetable oils and fats and/or any other goods falling in Class-29 and/or manufacturing, exporting, selling or distributing the said goods or in any manner advertising the said goods under the trade marks "LOTUS" or under any other trade mark which is identical with or deceptively similar to the registered "LOTUS" trade marks of the

Plaintiff bearing Nos. 131541, 131542 and 131543 falling in Class 29 and thereby infringing the said registered trade marks of the Plaintiff.

(b) that the Defendants by themselves, their servants, agents and distributors be rest