( 1 ) THIS appeal is against the judgment of the High Court dated 20-9- 2001.

( 2 ) BRIEFLY stated, the facts are as follows: the appellants filed a suit for passing off and for infringement of copyright. In the suit an application for interim injunction under the provision of Order 39 Rules 1 and 2 of the Code of Civil Procedure was filed. A learned Single Judge of the High Court in order dated 31-7-2001 noted the following facts:

" (I) The defendant admittedly worked with the plaintiff prior to launching its business. (ii) The plaintiffs prior and prominent user of the phrase Laxman rekha as a part of the description of crazy lines as shown by the documents i. e. advertisements at least of 1991 produced by the plaintiff showing prominent user of the phrase Laxman Rekha. (iii) The defendants non-denial of the plaintiffs assertions in the notice dated 28-2-1992 to the effect that the plaintiff used the phrase laxman Rekha on its product. (iv) The plaintiffs assertion of the ownership of copyright in the packaging containing the words laxman Rekha. (v) The defendant has not chosen to give an explanation why he adopted magic Laxman Rekha. (vi) The defendants averments in Suit No. 1967