Kalyan Jyoti Sengupta, JJ.

( 1 ) THE above motion has been taken out by the plaintiff in a suit for infringement and passing off, for the interlocutory relief in the form of injunction restraining the respondents and/or their servants and/or agents and/or assignees and each of them or otherwise howsoever from using the mark 'ayur Care' or infringing the registered trade mark adopted by the petitioner or any other trade mark deceptively similar to the petitioner's registered mark 'ayur' and prefixing or suffixing the word 'ayur' in any other words.

( 2 ) SIMILAR injunction has been asked for from passing off or attempting to pass off the products manufactured by them by using the name 'ayur' or any other name deceptively similar to 'ayur' namely 'ayur Care'.

( 3 ) THE case of the petitioner is that the plaintiff/petitioner was incorporated on 4th December, 1991 under the provisions of the Companies Act, 1956 and since then it has been carrying on business in manufacturing and selling of various kinds of cosmetics, hair lotions, essential oils, shampoo, dried and cooked fruits, coffee, sugar, flour and vegetables, jellies and other production under the trade mark and name 'ayur'.

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