Y.S. Jahangirdar, J. - The plaintiff who is dealing in manufacture and marketing of pharmaceutical preparations claims to be the owner of a registered trade mark by name "Lomotil". The trade mark was registered on 7th April, 1960 for medical and pharmaceuticals preparation falling in Class 5 of the Forth Schedule of the Trade and Merchandise Marks Act, 1959. Herein referred to as the said Act. It is alleged that on 9th April, 1995, the mark has been renewed for a period of 7th years and as such a mark is validly registered as a trade mark for marketing the plaintiff's products under the name and style of Lomotil, which is a drug for treatment of diarrhoea. The suit is filed marking a grievance of infringement of the said trade mark by the Defendant using the mark which is deceptively similar to the registered trade mark of the plaintiff. It is alleged that the Defendants are marketing drug on treatment for diarrhoea under the name and style "Slotil". The use of the said word being deceptively similar to the Plaintiff registered trade mark "Lomotil" should be prevented by issuing appropriate prohibitory orders. In such a suit the present motion is taken out by the plaintiff