JUDGMENT - R.M. LODHA, J. :---The defendants by this chamber summons pray for revocation of leave granted ex parte under Clause 12 of the Letters Patent.

2.Arun Digamber Varangaonkar, the plaintiff has filed the suit before this Court on Original Side against the defendants praying therein that defendants by themselves, their servants, agents, stockists and distributors be restrained by perpetual injunction from using the house-cum-trade mark being the device of a crude house-cum-roof top or any other mark which is deceptively similar to the trade mark of the plaintiff being the device of a triangular roof top with chimney of the plaintiff in relation to defendants' masala product and spices preparation so as to pass off and/or likely to pass off and/or enable others to pass off the said preparation as and for the preparation of the plaintiff bearing their trademark GHARKUL and device mark aforesaid. The plaintiff also prays that defendants be restrained by perpetual injunction from using the label or package being Exhibit O and P annexed to the plaint which is deceptively similar to and/or a colourable imitation of the package/carton/label of plaintiff being Exhibit L and M annex

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