+ I.A. No.10442/2013 in CS(OS) No.1299/2013
MEX SWITCHGEARS PVT LTD ..... Plaintiff Through Mr. Shailen Bhatia, Mr. Amit Jain,
Ms. Ekta Nayar and Mr. Vaibhav
Kashyap, Advs.
versus
MAX SWITCHGEARS PVT LTD ..... Defendant Through Mr. Vikas Chhabra, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
1. By this order, I propose to decide the pending interim application being I.A. No. 10442/2013 filed by the plaintiff under Order XXXIX, Rules 1 and 2 of Code Of Civil Procedure 1908 (hereinafter referred to as "CPC") in a suit for permanent injunction restraining infringement of trade mark, corporate name, copyright, passing off, rendition of accounts, delivery up etc.
2. The case of the plaintiff is that plaintiff i.e. Mex Switchgears Private Limited through its predecessor is the first adopter and user of the trade mark MEX since the year 1960 for electric switchgears, switches, ignition switches, electric capacitators, electric meters, starting devices for electric motors etc. and various other electric goods. The plaintiff is also stated to be using the trade mark MEX on CFL bulbs, kitkats, fuses, distribution boxes,
I.A. No.10442/2013 in CS(OS) No.1299/2013 Page 1 of 37 circuit breakers wires and cable miniature circuit breaker (MCBS), Control Panels for Meters and submersible pumps etc.
3. It has been stated by t