IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT _ CIVIL APPLICATION NO. ____ OF 2011 IN CIVIL SUIT NO.

_ IN RE: M/S Surya Roshni Pvt. Ltd. , A Company Incorporated Under The Companies Act, Having Its Registered Office At New Delhi. OF 2011

_), DELHI

PLAINTIFF/APPLICANT VERSUS M/S Samana Steel Ltd., A Company Incorporated Under The Companies Act,1956, Having Its Registered Office at New Delhi. DEFENDANTS/NON-APPLICANTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER 39, RULE 1 & 2 READ WITH SECTION 151, C.P.C. Sir, The plaintiff/applicant respectfully submits as under: 1. That the plaintiff has filed a suit for temporary injunction which is pending for disposal before this Honble Court. 2. That the contents of the accompanying suit for temporary injunction may be read as a part and parcel of this application which are not repeated here for the sake of brevity. 3. That the Plaintiff/Applicants business is being constantly affected by the acts of passing off by the defendants/non-applicants and thus they ha ve got a prima-facie case in their favour and there is likelihood of success in the case. 4. That the defendants in the case are using, by means of passing off, the registered Trademarks of the Plaintiff/ Applicant which the Plaintiff/applicant have garnered goodwill and respect for through advertisement and quality control over the years. 5. That the Defendants are using the goodwill attained by the Plaintiff/applicant in the public eye by selling their own products, the quality of which is doubtful, which in turn causes harm to the Plaintiff/Applicants good will and brand name. 6 . That the balance of convenience lies in favour of the plaintiff and against the defendants as the object of the interim injunction infringement of trademark by the defendants/non-applicants . Therefore, in light of the above it is prayed to this Honble Court that the defendants, may kindly be restrained by means of ad interim ex-party injunction from manufacturing, selling, offering for sale or otherwise dealing with, directly or indirectly, with PVC pipes, tubes and fittings thereof under the brand names registered or associated with the Plaintiff/Applicant till the final disposal of the case (An affidavit is enclosed herewith). This is necessary in the interest of justice and law. Plaintiff/Applicant is to protect the plaintiff/applicant against irreparable injury and damage caused to him by

Through Advocate

Dated : New Delhi

Verification I, Mr. ____, representing the Plaintiff/Applicant hereby declare that, whatever is stated in the above Paras at 1 to 6 of the Plaint are true and correct to the best of my knowledge, information and belief.

Place : New Delhi

Dated: 05.08.2011

IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT _ IN CIVIL SUIT NO. _ OF 2011

_), DELHI

M/S Surya Roshni Pvt. Ltd. Vs. M/S Samana Steel Ltd. Affidavit in support of injunction applicaion

I------, S/o -----,aged ---- years, resident of _____ ., solemnly affirm and state on oath as under: 1. That I am the representative of the Plaintiff/Applicant in the above mentioned Application and am fully conversant with the facts deposed to in the Application. 2. That the contents of paragraphs 1 to 6 of the accompanying application are true to my personal knowledge. No material has been concealed and no part is false.
3. That the Annexure No(s).. the accompanying application are true copies of

the originals and I have compared the said Annexure with their respective originals and certify them to be true copies thereof. DEPONENT Place : New Delhi Date: 05.08.2011 Verification I, Mr. ____, representing the Plaintiff hereby declare that, what is stated in the above paras of the Application is true and correct to the best of my knowledge, information and belief. Verified at New Delhi this day of 05.08.2011 Place : New Delhi Date: 05.08.2011 DEPONENT