JUDGMENT - S.M. JHUNJHUNUWALA J.:---The plaintiff has filed this suit against the defendant for permanent injunction restraining the defendant by itself, its servants, agents, distributors and representatives from infringing the plaintiff's trade mark 'Betaloc' registered under No.326230 dated June 16, 1977 in Class 5 in respect of pharmaceutical preparation by use of the impugned trade mark 'Betalong' or any other trade mark deceptively similar to plaintiff's said registered trade mark "Betalong" or any other mark deceptively similar to plaintiff's trade mark "Betaloc" in relation to pharmaceuticals preparations and form manufacturing, selling offering for sale or otherwise dealing in pharmaceuticals preparations bearing the trade mark "Betalog" or any other mark deceptively similar to plaintiff's trade mark "Betaloc" so as to pass off the defendants goods as and for the goods of the plaintiff or in any other manner whatsoever and for damages, costs and other reliefs as prayed for in the Plaint filed. The plaintiff has taken out the present Notice of Motion for interim injunction in terms of permanent injunction prayed for in the Plaint filed.

2. As averred in the plaint, the pla

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