GIRISH S. GODBOLE, J.

1. By the impugned Judgment and Order dated 20th June, 2011, the learned single Judge (S.J. Kathawala, J.) has allowed the Notice of Motion No. 1183 of 2009 filed by the respondent-plaintiff in terms of prayer clauses (a) and (b). The said prayers read thus:

(a) that pending the hearing and final disposal of the Suit, that the Defendants by themselves, their directors, partners, their servants, agents, stockists, or any other person claiming through or under them and the like be restrained by a temporary order and injunction of this Hon’ble Court from using the impugned mark “ULTRATUFF CEMENT” annexed as Exhibit “E”, in any manner, directly or indirectly, or any other deceptively similar mark in respect of cement products or any other goods so as to infringe the Plaintiff’s registered trademark ULTRATECH CEMENT The Engineer’s Choice (Registration Nos. 1326528)

(b) that pending the hearing and final disposal of the Suit, that the Defendants by themselves, their directors, partners, their servants, agents, stockists, or any other person claiming through or under them like be restrained by an order and injunction of this Hon’ble Court from using the im