Subhro Kamal Mukherjee, J.

1. THIS is an appeal against Order No. 8 dated April 13, 2006 passed by the learned Judge, Eleventh Bench, City Civil Court, Calcutta, in Title Suit No. 274 of 2006.

2. BY the order impugned the learned trial Judge allowed an application for temporary injunction filed by the plaintiff under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure in the said suit on contest; the ad interim order of injunction passed by the said court on March 8, 2006 was made absolute till the disposal of the said suit.

This appeal arises out of a suit for declaration and permanent injunction. The plaintiff files the suit for declaration that the use of mark champion as suffix to the mark Mach 3 Turbo by the defendant is identical and deceptively similar to the registered trade-mark champion of the plaintiff and hence resulting in an infringement and/or passing off their goods as those of the plaintiff. The plaintiff, also, prays for a decree for permanent injunction restraining the defendant and all persons connected with the defendants or acting on behalf of the defendant from in any way using the trade-mark champion of the plaintiff in any f