(1.) Plaintiff has filed the present suit for permanent injunction to restrain infringement, passing off, dilution, unfair trade competition, damages and mandatory injunction.
(2.) While issuing summons in the suit and notice in the application, this Court had restrained the defendants from manufacturing, selling, distributing the photocopier or stationery items under the brand name "LOTUS? or any other deceptively similar trademark separately or in any other form.
(3.) Subsequently the defendant filed an application under Order XXXIX Rule 4 CPC for vacation of the interim order. The interim order was modified by a Division Bench of this Court by permitting the defendant to sell the existing stock. The Division Bench directed this court to hear and dispose of the application under Order 39 Rules 1 & 2 CPC filed by the plaintiff and the application under Order 39 Rule 4 CPC filed by the defendant.