JUDGEMENT

AMIT BANSAL, J. I.A. 8759/2019 (u/S 10 of the CPC for stay of suit) in CS(COMM) 1018/2016 I.A. 8760/2019 (u/S 10 of the CPC for stay of suit) in CS(COMM) 814/2018

1. By way of the present judgment, I shall dispose of I.A 8759/2019 and I.A. 8760/2019 filed on behalf of the defendants under Section 10 of the Code of Civil Procedure, 1908 (CPC) seeking stay of the present suits, till the disposal of appeal, bearing no. RFA 117/2017 filed by the plaintiff herein before the Kerala High Court against the judgment and decree dated 22 nd November, 2016 passed by the Additional District Judge, Ernakulam in OS no. 12/2013.

2. At the hearing on 4th July, 2019 the senior counsel for the plaintiff stated that no reply is required to be filed to the aforesaid applications.

3. CS(COMM) 1018/2016 has been filed on behalf of the plaintiff seeking permanent injunction restraining the defendants from passing off the goods of the plaintiff by using the trademark “LIVGUARD” claiming that the same is deceptively similar to the plaintiff‟s trademark “V-GUARD” along with other ancillary reliefs.

4. CS(COMM) 814/2018 has been filed on behalf of the plaintiff seeking permanen