Judgment

P.K. Balasubramanyan, J.—Leave granted.

1. The defendants in Civil Suit No. 8A of 2004 on the file of the District court of Mandaleshwar are the appellants. That suit was filed by the respondent herein for a declaration that the defendants do not have any right to sell Pan Masala, Gutkha, Supari and Supari Mix or any other goods under the trade mark ‘Manikchand’ which is deceptively similar to the mark ‘Malikchand’ used by the plaintiff, for a perpetual injunction restraining the defendants from dealing in or selling the above articles under the name/brand ‘Manikchand’ and to confiscate and destroy the above goods in the custody of the defendants and for other consequential reliefs. The plaintiff also filed I.A.No. 2 of 2004 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short the “C.P.C.”) seeking an interim injunction pending suit, restraining the defendants from selling the products referred to above under the name ‘Manikchand’. The trial court passed an ad-interim order of injunction as sought for by the plaintiff. The defendants appeared and filed their objections. They also filed an application, I.A.No. 5/2004, under Order XXXIX Rule 4 of the