1. This Motion is taken out in a trade mark infringement and passing off suit with leave under clause XIV of the Letters Patent. The Motion cannot be taken up for final hearing for two reasons, one, because the Plaintiffs cannot press their interlocutory application in the passing off action in view of the order passed by the Appeal Court in the Defendants’ appeal from the order granting leave to the Plaintiffs under Clause XIV and secondly, due to the application of the Defendants for framing and deciding a preliminary issue under Section 9A of the Code of Civil Procedure. This order accordingly disposes of the Plaintiffs’ ad-interim application in the infringement action.

2. The case of the Plaintiffs may be briefly stated thus:

The Plaintiffs manufacture and deal in pharmaceutical and medical preparations and market their products under various distinctive trade marks and cartons/labels/packings/trade dress. The Plaintiffs are registered proprietors of the trade mark ‘CHERI’, with registration as of 14 May 1987, in respect of pharmaceutical preparations falling in Class 5 of the Fourth Schedule. Pharmaceutical preparations under the trade mark ‘CHERI’, which are haematin