JUDGMENT S. J. Kathawalla, J. - The Plaintiff has filed the present suit against the Defendants for infringement of trade mark and passing off. The Plaintiff is seeking ad-interim reliefs in terms of prayers (a) and (b) of the Notice of Motion. 2. The matter was mentioned before me and placed for hearing of ad-interim reliefs on 11th October, 2018 but the same was not listed on 11th October, 2018. The matter was re-mentioned on 11th October, 2018 and placed on Production Board of 12th October, 2018. 3. Dr. Tulzapurkar submits that the notice of this application along with suit papers have been served upon the Defendants. Dr. Tulzapurkar submits that Defendant no. 1 was informed of the matter being placed on 11th October, 2018 and 12th October, 2018. However, despite service, none appears on behalf of the Defendants. 4. It is submitted that the Plaintiff is a reputed company carrying on the business of manufacturing, selling and exporting tea including black tea, green tea, flavoured tea, fruit tea/infusions, herbal infusions and premixed tea, iced tea and coffee since 1980s. 5. My attention is drawn to the plaint and the Exhibits therein. It is submitted that Plaintiff is the registered proprietor of the trade mark ROYAL bearing application No. 516228 in class 30 including application nos. 2534229, 3404353 and 3404355 in class 30. My attention is drawn to Exhibit A-3, B-3, C-3 and D-3 to the Plaint being the certified copies of entries in the Register of Trade Marks of the trade mark applications bearing nos. 516228, 2534229, 3404353 and 3404355 in class 30 for the trade mark ROYAL. I have perused the same. 6. Dr. Tulzapurkar submitted that the Plaintiff came to know about the Defendants selling the infringing product whilst perusing documents filed by the Defendants in another suit for infringement of the trade mark ROYAL which is annexed as Exhibit P to the Plaint. My attention is drawn to Exhibit Q wherein the product of the Defendants is displayed on the webpage of www.amazon.in and though the Defendants are placed in Pune, the products are available in Mumbai. The product of the Defendants wherein the trade mark ROYAL is displayed prominently has been shown to me. 7. My attention is drawn to Exhibit Q wherein the product of the Defendants is displayed on the webpage of www.amazon.in and though the Defendants are placed in Pune, the products are available in Mumbai. The product of the Defendants wherein the trade mark ROYAL is displayed prominently has been shown to me. 7. It is submitted that the Tea under the Plaintiffs trade mark "ROYAL" has been advertised on a large and extensive scale throughout India in different media in English and vernacular languages including newspapers, magazines, Radio channels, television channels, exhibitions and trade fairs and hoardings. 8. It is stated that in or about June 2018, the Plaintiffs first time came to know that the Defendants arc selling tea under the trade mark ROYAL and sent a Cease and Desist Notice to them. It was the contention of the Defendants in their reply dated 7th July, 2018 that the goods of the Defendants are being sold under the trade mark ROYAL being goods in class 3 and not under class 30 and they have admitted the goodwill and reputation of the Plaintiff. 9. Dr. Tulzapurkar submitted that the use of the mark ROYAL infringes the rights conferred upon the Plaintiff s pursuant to the registered trademark ROYAL bearing Nos. 516228, 2534229,3404353 and 3404355 in class 30. 10. Dr. Tulzapurkar submitted that the adoption and use of the identical trade mark ROYAL by the Defendants is dishonest and with an intention to trade upon the goodwill and reputation acquired by the Plaintiffs. He submitted that being from the same industry, there is no chance that the Defendants were unaware of the Plaintiffs trade mark ROYAL or tea offered there under. He submitted that the entire endeavour of the Defendants is also to pass off their business as that of the Plaintiff. He submitted that the use of the mark ROYAL by the Defendants amounts to infringement and passing off. 11. I have heard the submissions in detail and perused the plaint and the documents produced therewith. The Plaintiff has secured statutory rights in the trade mark ROYAL and from the documents annexed to the Plaint, it is evident that the same has gained substantial reputation and goodwill. The use of the trade mark ROYAL by the Defendants in respect of the same services undoubtedly violates the rights of the Plaintiffs including the statutory rights secured by Plaintiff. The use of the trade mark ROYAL by the Defendants in respect of the same services undoubtedly violates the rights of the Plaintiffs including the statutory rights secured by Plaintiff. Considering the similarities in the rival trade marks and the nature of rival goods, there is a very strong possibility of confusion and deception amongst the general public. The reputation and goodwill of the Plaintiffs is also likely to suffer by the reasons of misrepresentation sought to be made by the Defendants by using the trade mark ROYAL. Moreover, the Defendants have not remained present today, despite service. There are no equities in favour of the Defendants. 12. According to me, the Plaintiffs have made out a strong prima facie case. It is necessary to grant protection to the Plaintiffs byway of an ad-interim order. There shall accordingly be an ad-interim order in terms of prayer clauses (a) and (b) of the Notice of Motion, which read as follows: "(a) That pending the hearing and final disposal of the suit, the Defendant by itself its servants, agents, stockists, distributors, wholesalers, retailers and printers be restrained by an Order and perpetual injunction of this Hon''ble Court from using in course of trade in relation to tea falling in Class-30 and/or manufacturing, exporting, selling or distributing tea or in any manner advertising tea under the impugned mark "ROYAL" as a word mark or as part of a label mark as shown in Exhibit S-l to S-3 or any other deceptively similar mark so as to infringe the registered trade mark labels bearing nos. 516228, 2534229, 3404353 and 3404355 falling in Class 30 of the Plaintiff; (b) That pending the hearing and final disposal of the suit, the Defendant by itself its servants, agents, stockists, distributors, wholesalers, retailers and printers be restrained by an Order and perpetual injunction of this Hon''ble Court from, directly or indirectly using in course of trade in relation to tea and cognate and allied goods and/or manufacturing, exporting, selling or distributing tea and cognate and allied goods or in any manner advertising tea under the trade mark "ROYAL" whether as a word mark or as part of a label mark or from using any other deceptively similar trade mark so as to pass off or enable others to pass off the Defendants tea and allied products as and for those of the Plaintiff s or in any way connected with Plaintiffs;" 13. List the above matter under the caption "Ad-interim reliefs'' on 22nd November, 2018. 14. Liberty to the Defendants to apply for variation of this order with 48 hours prior written notice to the Plaintiff.