herein and Mr.R.Sathish Kumar, Advocate for the respondent herein and upon reading the judge's summons and the affidavit of John Massey filed herein and having stood over for consideration till this date and coming on this day before this Court for orders in the presence of said advocates for the parties hereto and this Court having observed that the relief of mandatory injunction [prayer (c)], the Respondent/Plaintiff seeks a direction for the removal of the trademarks PURVA, PURAVANKARA and PURAVANKARA PROJECTS used separately or in combination, this relief is not founded on apprehended infringement or passing off; yet, the alleged users of such trademarks/ registrants, who would be necessary parties, have not been joined in these proceedings, the Respondent/Plaintiff has also not provided any indication of its intention to implead such parties, Consequently, if the relief prayed for is granted it would gravely impact third party users who are not parties to the action, therefore, as regards this relief, the Respondent/ Plaintiff has no real prospect of succeeding in the suit as framed, the relief of damages of Rs.1,00,00,000/- is directed only against the Applicants/Defendants herein, being a claim for damages, the success or failure of the Respondent/Plaintiff is dependent on adducing evidence of loss on account of the adoption of suggestion tools by the Applicants/Defendants whereby names deceptively similar to the registered https://hcservices.ecourts.gov.in/hcservices/ trademarks of the Plaintiff were offered to users, it is ordered as follows:-
