Manmohan Singh, J.

1. The present suit has been filed by the plaintiff for permanent injunction restraining infringement of trade mark, passing off, unfair competition, delivery up, recovery of damages etc. against the defendant. Alongwith the suit, plaintiff also filed an application under Order 39 Rule 1 and 2 being I.A.No.8856/2013.

2. The suit alongwith said interim application was listed before court on 24th May, 2013. After hearing, detailed ex-parte order was passed against the defendant restraining it from infringing and/or passing off the plaintiff’s rights by using the trade mark MINDGYM or any other mark deceptively or confusing similar to the plaintiff’s mark THE MIND GYM either as part or its corporate name or as a trade mark or as a domain name or in any other manner.

3. Upon service of interim order, the defendant filed its written statement and contested the prayer of interim order passed on 24th May, 2013. The defendant also filed an application under Order 39 Rule 4 for vacation of an ex-parte interim order being I.A. No.13803/2013. By this order, I propose to decide both pending applications.

4. The case of the plaintiff

(i) The case of the plaintiff is