(1.) By this order, I propose to decide following two pending applications, i.e. I.A. No.800/2011 under Order XXXIX, Rules 1 & 2 of the Code of Civil Procedure, 1908 (in short, called 'CPC') filed by the plaintiff and I.A. No.4580/2011 under Order XXXIX, Rule 4 CPC filed by the defendants.
(2.) The plaintiff filed the suit for infringement of trade mark and passing off etc. By order dated 1 st February, 2011 passed in I.A. No.800/2011, the defendant No.1 was restrained from using the trade mark "PANTOBLOC".
(3.) "PANTODAC" is a registered trademark of the plaintiff under No.723200 as of 30 th October, 1996 in Class-5 and has been used by the plaintiff since year 1999. The annual sales figures of plaintiff's product under the mark/name "PANTODAC" are to the tune of Rs.43.26 crores for the year 2007 and the latest sales figures the plaintiff's products under the mark "PANTODAC" as per the Retail Market Survey Report of the Organizational Research Group (ORG) are given herein : <FRM>JUDGEMENT_3282_ILRDLH22_2012_1.html</FRM>