JUDGMENT

F.A.O. No. 97 of 2023 is filed against the order in I.A. No. 9 of 2023 in O.S. No. 39 of 2022. F.A.O. No. 99 of 2023 is filed against the order in IA No. 5 of 2022 in OS No. 39 of 2022 dated 26.06.2023. OS No. 39 of 2022 is filed by the respondent herein under Sections 134 and 135 of Trade Marks Act, 1999 (for short ‘the Act’) for permanent prohibitory injunction restraining the defendant and his employees and agents or any one claiming through or under them from using or issuing bills in the name and style “Ceylon”, “Ceylon Bake House Express” and “Ceylon Express” and thereby infringing the registered trade mark of the plaintiff namely ‘Ceylon’. The 2^nd relief sought is a mandatory injunction directing the defendant to deliver to the plaintiff the entire stock of unused prospectus, bills, notices, pamphlets, boards, and banners containing the name and style “Ceylon,”

“Ceylon Bake House Express”, and “Ceylon Express”.

2. IA No. 5 of 2022 was allowed, and temporary injunction was passed restraining the defendant and their employees from using or issuing bills in the name of “Ceylon”, “Ceylon Bake House Express” and “Ceylon Express”. The case put forward by the respondent/pla