1) This Appeal from Order was extensively heard at the admission stage. With the consent of the learned counsel appearing for the parties, the appeal is being disposed of finally. . The appellant - defendant challenges the order dated 11-5-2007 passed by the District Judge-3 Aurangabad under Order 39 Rules 1 and 2 of the Code of Civil Procedure below Exhibit 5 in Regular Civil Suit No.1 of 2007, which reads thus: "1. The application at Exhibit 5 is allowed.

2. The defendant itself through its proprietors, partners, servants, agents or through any other persons is restrained by way of temporary injunction from infringing the plaintiff’s right in its artistic label at Annexure B by re-producing the same in material form or by printing, publishing or using the impugned trade mark label at Annexure C or by any such work, which is an imitation of plaintiff’s artistic label at Annexure B.

3. The defendant, its proprietors, partners and servants are temporary restrained by order of injunction from manufacturing, selling or from offering for sale by advertising or otherwise dealing in country liquor bearing the trade mark at Annexure C or by using any other trade mark label deceptively similar to the plaintiff’s trade mark at Annexure B so as to pass off or enable others to pass off the defendant’s country liquor as and for the country liquor of the plaintiff.

4. The defendant to bear its own costs and to pay the costs of the plaintiff." 2) The appellant contends that it is a private limited company registered under the Companies Act 1956 and carries out its business of ’Blending & Bottling" of "Country Liquor" having its factory at Plot No.E-45, MIDC Area, Chikalthana, Aurangabad. The appellant applied for registration of label of its "Country Liquor" branded as "Paru Santra" before the Commissioner of State Excise, Mumbai. Earlier, the appellant in the month of January 2006 had submitted its application for registration of its liquor brand as "Gangu Santra" which was objected by the present respondent, original plaintiff, in Civil Suit No.1 of 2007. The objection of the present respondent for the name of "Gangu Santra" was upheld and permission for (4) manufacturing of country liquor in the brand name "Gangu Santra" was refused by the Commissioner of Excise vide his letter dated 28-2-2006. The appellant thereafter would submit another application for registration of its brand and label as "Paru Santra". The Commissioner of Excise Mumbai vide his order dated 9-3-2006 approved the above brand and label. It is contended that the respondent further raised objection to the brand and label as "Paru Santra" but the objection raised by the respondent came to be rejected by the Commissioner of Excise against which, according to the appellant, the respondent did not prefer any proceedings by challenging the order of the State Excise. It is the contention of the appellant that due to quality of the product "Paru Santra" and strong marketing strategy sale of the above brand / production of the said liquor was increasing day by day. Considering the popularity of the said brand of the appellant company it is alleged that the respondent being in the same business and rival competitor, who could not digest the market growth of the above product. It is alleged that the respondent aims to stop and obstruct the appellant from its manufacturing activity of the country liquor of the above brand and with an obstructionistic attitude and to harass Regular Civil Suit No.1/2007 was filed before the District Court along with application for temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure for violation the Copyrights Act 1957 and the Trade Marks Act 1999. The respondent manufactures country liquor under the brand and label as "Sakhu Santra". The learned counsel appear