( 1 ) THE present notice of motion is taken out for interim reliefs in a suit for passing off. By prayer (a) of the motion it has been prayed that the defendant should be restrained by temporary order and injunction from manufacturing, selling, exhibiting for sale and advertising pharmaceutical and medicinal preparations under the trade mark CEFI or cefi-DT or any other trade mark deceptively similar to the plaintiffs trade mark CEFO, cefo-P or CEFO-DT so as to pass off the defendants pharmaceutical and medicinal preparation as if the same are pharmaceutical preparation of the plaintiff herein.

( 2 ) THE present suit is filed on a passing off action under Section 27 of the trade and Merchandise Marks Act, 1958. It is the case of the plaintiff that sometime in or about December, 1999 the plaintiff adopted a distinctive trade mark called CEFO for its use in relation to a medicinal and pharmaceutical preparation containing the drug "cefixime" to be marketed by the plaintiff. It is the case of the plaintiff that on 23-12-1999 the plaintiff applied for registration of the said mark CEFO under the provisions of the Trade and merchandise Marks Act, 1958 in class 5 and that the sai