JUDGMENT - KANADE V.M., J.:—Heard learned Counsel appearing on behalf of the appellant and learned Counsel appearing on behalf of the respondent.

2.The appellant-original plaintiff filed Special Civil Suit No. 1 of 2003 in the District Court at Silwassa against the respondent original defendant Silwassa Bottling Company. In the said suit the plaintiff claimed relief of permanent injunction restraining the respondent from infringing its trade mark and for other consequential reliefs.

3.Initially, on April 29, 2003 the District Court Silwassa passed an ex parte order of interim injunction against the respondent in terms of prayer Clauses (a) and (b) and the respondents were restrained from using the impugned trade mark. The said order was served on the respondent. The application for temporary injunction (Exhibit 5) was heard by the District Court and the same was dismissed by judgment and order dated June 27, 2003. The appellants have preferred an appeal from that order. Thereafter matter appeared on board on September 30, 2003 and thereafter it was adjourned on number of occasions and finally the matter was fixed for final disposal on October 8, 2003 at 2.45 p.m. and by consent of pa

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