Y.S. Jahagirdar, J. - Suit is initiated by the Plaintiff for an order of injunction restraining the defendant from in any manner infringing the Plaintiff's registered trade mark and from using in relation to any medicinal and pharmaceuticals preparations the mark styled as PYKALFIN, which is alleged to be deceptively similar to the plaintiff trade mark which is registered as PYRALFIN. The present motion is taken out for interim relief of injunction and other consequential directions.

2. The defendant has appeared in the motion and filed a reply.

3. It is alleged by the Plaintiffs that they are registered owner of the word 'PYRALFIN', as a trade mark for marketing, sale and production of the drugs for malaria treatment. It is alleged by the plaintiff that by communication received by one of their dealers they came to know that the Defendants are indulging in use of trade mark by name 'PYKALFIN', which is deceptively similar to the one use by the present plaintiffs. The plaintiffs issued notice to the Defendant on 10th July, 1996 making a grievance of the said user, which was replied on 27th July, 1996 by which it is alleged by the Defendants that they are using the said name '