Rajiv Sahai Endlaw, J. - (1.) WITH the consent of the counsels, the two suits are consolidated and from the pleadings of the parties, the following issues are framed: - I. Whether the use by the defendant of the name/mark TT amounts to infringement of the registered trade mark of the plaintiffs? OPP II. Whether the use by the defendant of the name/mark TT amounts to the defendant passing off its services as that of the plaintiffs? OPP III. Whether the defendant is the prior user of the name/mark TT and if so to what effect" OPD IV. Whether the use by the defendant of the name/mark TT is honest and concurrent with the plaintiffs and if so to what effect? OPD V. Whether the plaintiffs are not entitled to the reliefs of injunction claimed, for the reason of the suit being barred by delay and laches and acquiescence? OPD VI. Whether the defendant, owing to the agreement dated 27th April, 2004 is not entitled to use the trade name/mark TT? OPP VII. If the above issues are decided in favour of the plaintiffs, whether the plaintiffs, besides the relief of injunction, are entitled to any other relief of delivery or rendition of accounts or for damages against the defendant and if so, what damages, if any are payable by the defendant to the plaintiff? OPP VIII. Relief. No other issue arises or is pressed.
(2.) THE parties to file their list of witnesses within 15 days. The plaintiffs to file affidavits by way of examination -in -Chief of all their witnesses within four weeks.
(3.) LIST before the Joint Registrar on 13th May, 2013 for fixing the dates of trial. I.A. No. 742/2008 in CS(OS) No. 101/2008 and I.A. No. 745/2008 in CS(OS) 102/2008 (Both of plaintiff under Order 39 Rules 1 and 2 CPC);