( 1 ) THIS appeal directs against an order of the Hon'ble First court dated December 23, 2004 whereby on an application of the respondent under Order 39 Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as the CPC), the Hon'ble First Court was pleased to grant an order of injunction in favour of the respondent. The prayers made in the said application of the respondent are as follows :-

a) An order of injunction restraining the respondent by themselves or through their agents, servants and/or assigns from in any way manufacturing, marketing or selling any Glass products or laminated or toughened glass under the impugned Trade Mark or trade name 'safex float or using the mark 'safex' or any other mark which is deceptively similar to the registered trade mark of the petitioner or suing the essential and/or sailent feature of the petitioner's mark namely 'safex' in respect of toughened and/or laminated glass.

b) An order of injunction restraining the respondent by themselves or through their agents or servants and/or assigns from in any way passing off goods bearing the impugned Mark or trade name 'safex' or'safex float' or using any other deceptively si