JUDGMENT

Firdosh P. Pooniwalla, J. - The plaintiff is seeking ad-interim reliefs in terms of Prayer (a) of the Interim Application which reads as under:-

"(a) That Pending the hearing and final disposal of the Suit, the Respondents by themselves, their Directors, Partners/Proprietor, employees, servants, agents, associates, distributors, franchisees, sister concerns, subsidiaries, representatives, affiliates and/or assigns and allpersons acting for and on their behalf be restrained by a temporary order and injunction of this Hon'ble Court from using in relation to any medicinal and/or pharmaceutical preparations and/or such allied and cogent goods, the impugned trade mark 'XIGAMET' and/or using any other trade mark containing the word 'XIGAMET' or using in combination with or without any mark/word/device the word 'XIGAMET' and/or from using any other mark, device, logo, domain name or trade name, word which is identical with and/or deceptively similar to the Applicant's trade mark 'ZITA-MET' and 'ZITA-MET' formative marks so as to infringe the Applicant's trade marks 'ZITA-MET' and formative trade marks containing the word 'ZITA-MET' registered under Nos.2478663, 2985061, 2979092, 35