Gita Mittal, J.

1. The plaintiff filed the present suit originally seeking injunction against the defendants from infringing its registered trademarks and on grounds of dishonest passing off its products as those having an association with those of the plaintiff and damages. Along with the present suit, the plaintiff has filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure which has been registered as I.A. No. 1879/2005. During the pendency of the suit, the defendant has also filed several applications from time to time including an application seeking rejection of the plaint (under Order 7 Rule 11) and return of the plaint (under Order 7 Rule 10) amongst others. The defendant has also filed an application under Section 124 of the Trademarks Act, 1999.

2. By the present judgment, I propose to decide is No. 1879/2005, an application filed by the plaintiff under Order 39 Rule 1 & 2 and is No. 8252/2006 filed by the defendant under Section 124 of the Trademarks Act, 1999 wherein the defendant has prayed for stay of the suit of the plaintiff.

3. Inasmuch as there is no material dispute to the facts and circumstances giving rise to the present case, t