(1.) By this order, I propose to decide two interlocutory applications, I.A. No. 999 of 2005 and I.A. No. 1313 of 2005. Both these applications were very hotly contested, in fact much more than I had imagined when the hearing started! The applications were heard on 8th, 13th to 15th, 21st, 26th and 27th July, 2nd and 4th August when judgment was reserved.
(2.) I.A. No. 999 of 2005 is an application filed by the Plaintiffs seeking an injunction restraining the Defendants from directly or indirectly dealing in alcoholic beverages or any other allied goods under the trade mark Blenders Pride , while I.A. No. 1313 of 2005 is an application filed by Defendant No.2 under Section 10 of the Code of Civil Procedure (CPC) for staying trial of this suit since this Defendant had earlier instituted Suit No. 2105 of 2005 in the District Court at Jalandhar, Punjab (for short the Jalandhar suit) against Seagram Manufacturing Pvt. Ltd. which as per the averments made by the Plaintiffs in this Court, has merged with the Plaintiff No. 2. The identity of the contesting parties in both the suits is substantially the same. Defendant No. 2 has also alleged in its application that the other requirements of Section 10 CPC have been made out.
(3.) It was agreed with learned counsel for the parties that it might be appropriate to first decide I.A. No. 1313 of 2005 and then I.A. No. 999 of 2005 may be decided, if need be. I propose to proceed as agreed. I.A. No. 1313 of 2005