ORDER (Oral) IA 15128/2023 [under Order XXXIX Rules 1 & 2, CPC] 1. Notice was issued, in this application, filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), on 14 August 2023. 2. No reply has been filed to the application though a written statement has been filed by way of response to the suit. 3. Mr. Chander Shekhar, learned Counsel appearing for the defendant initially submits that, if the plaintiff is willing to abandon its claim to costs and damages, the defendant is agreeable to suffer a decree in terms of the prayers in the plaint. Mr. Prithvi Singh, learned Counsel for the plaintiff, however, submits that his client has not instructed him to give up the prayer for costs though he may not press for damages. 4. In that view of the matter, the suggestion of learned Counsel for the defendant cannot be accepted. 5. Mr. Chander Shekhar does not oppose the prayer for grant of interim injunction as he submits that his client is not intending to use the impugned mark ZEKUF for any further stock to be manufactured by it. 6. In that view of the matter, IA 15128/2023 is disposed of with the direction to the defendant and all others acting on its behalf not to deal, directly or indirectly, with any products using the impugned mark ZEKUF or any other mark identical or deceptively similar to the plaintiff's registered trademark ZECUF, pending disposal of the suit. 7. IA 15128/2023 stands allowed accordingly. 8. The Court is not passing any interim order with respect to any stocks which have already been released in the market. CS(COMM) 552/2023 9. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission and denial of the documents and marking of exhibits on 16 October 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.