ORDER

CHANDRA DHARI SINGH, J.

I.A No. 9975/2023 (Under Order XXXIX Rule 1 and 2 CPC)

1. The captioned suit for declaration, permanent and mandatory injunction has been filed on behalf of the plaintiff is seeking inter alia a decree declaring that the defendant no. 6 has excelled in the Joint Entrance Examination (Main) 2023 (hereinafter “JEE Mains”) due to the coaching imparted by the plaintiff from May 2019 to October 2022.

2. By way of the instant application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter “CPC”), the applicant/plaintiff is seeking the following interim reliefs:

“(a) Ex-parte ad-interim Injunction be passed in favour of the Plaintiff and against the Defendants No. 1 to 5, their servants, agents, nominees, officers, executors, legal representatives or anybody acting on their behalf, during the pendency of the present Suit, restraining them from publishing images / advertisement on Facebook or any other Social Media Platform or Print Media, directly or through the Defendant No. 6, claiming credit for the success of the Defendant No. 6, in JEE Exams;

(b) Ex-parte ad-interim Injunction be also passed in favour of the Plaintiffand against the Defendants No. 7 to 15, their servants, agents, officers, nominees, executors, legal representatives or anybody acting on their behalf, during the pendency of the present Suit, restraining them from publishing stories / newspaper items / reports etc. giving credit for the success of the Defendant No. 6 in JEE Exams to the Defendants No. 1 to 5, and to further restrain them from publishing stories / newspaper items / reports etc. that Defendant No. 6 was studying / doing Coaching in Kota, Rajasthan, since the year 2019;

(c) Any other Order(s) which this Hon'ble Court deem fit and proper in the facts and circumstances of the case may also be passed in the favour of the Plaintiff and against the Defendants.”

3. For adjudication of the instant application, it may be necessary to recapitulate the factual background of the case, which is discussed hereafter.

4. The petitioner, FIITJEE Limited is a Company incorporated under the Companies Act, 1956 established in the year 1992 working in the education industry and having over 80 coaching centers across countries. The defendant no. 1 is also a Company registered under the Companies Act, 1956 running its coaching centers under the name and style of „ALLEN Career Institute‟. Defendant no. 6, Master Malay Kedia, is an IIT aspirant.

5. It is the case of the plaintiff that defendant no. 6 opted for the „Four Year Classroom Program for IIT-JEE (Advanced)-Weekend Contact Classes‟ of the plaintiff and enrolled himself on 1st November 2018 for the Vasundhra (Ghaziabad) Centre. He attended classes of the plaintiff till September 2022 but stopped after 7th October 2022.

6. In January 2023, the results of JEE (Mains), 2023 were declared for Session I exam and the plaintiff was thereafter, aggrieved of the fact that the defendants no. 1 to 5 were claiming credit for the result of defendant no. 6.

7. On 17th November 2020, the plaintiff served a Notice upon defendants no. 1 to 5 regarding poaching of students from its institute and asking them to restrain themselves from indulging in unethical and illegal practices of claiming the name of the students of plaintiff‟s institute for their own advertisement and benefit.

8. Now, the plaintiff is before this Court seeking the prayers as stated above.

9. The learned counsel appearing on behalf of the applicant/plaintiff submitted that the defendants no. 1 has actually not imparted training / education or any significant training to defendant no. 6 and it is the plaintiff‟s training for a longer and significant period of time which led to the success of defendant no. 6 in the JEE Mains.

10. It is submitted that the plaintiff imminently apprehends mischief at the instance of the defendants no. 1 to 5 since it is clear that defendants no. 1 to 5, under a malicious plan and conspiracy, w