(1.) The present suit has been filed by the plaintiff, Enterprise Holdings, Inc for permanent injunction, restraining infringement of trademark, copyright, passing off, damages, rendition of accounts, delivery up etc. against the defendant. Alongwith the suit, plaintiff also filed an application under Order 39 Rule 1 and 2 read with Section 151 CPC being I.A. 4224/2013.
(2.) The suit alongwith said interim application was listed before court on 13th March, 2013. After hearing, detailed ex-parte order was passed against the defendant restraining it from offering vehicle rental and leasing services and any other related services under the trademark and trade name ENTERPRISE or ENTERPRIZE or any other deceptively similar mark to plaintiff's trade mark ENTERPRISE.
(3.) Upon service of interim order, the defendant filed its written statement and contested the prayer of interim order passed on 13th March, 2013. The defendant also filed an application under Order 39 Rule 4 for vacation of an exparte interim order being I.A. No. 12412/2013. By this order, I propose to decide both pending applications. Issues were framed on 4th February, 2014 and the matter is now at the stage of evidence.