( 1 ) BY this order, I propose to dispose of the application, which is filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure praying for a temporary injunction. The plaintiff is a leading manufacturer of a large range of pharmaceutical products, toiletries, ayurvedic and other medicinal preparations. The plaintiff is manufacturing and marketing its products under the brand name dabur , which is a well-known brand in India and abroad. The plaintiff in the course of its business also manufactures and markets Dabur Chayawanprash, which is being sold not only in India but also in various other countries. It is claimed by the plaintiff that the plaintiff has a market share of 63% of the total market of Chayawanprash through India. Chayawanprash , which is an ayurvedic formation, is primarily a health tonic and has therapeutic qualities for enhancing the immunity against various diseases.

( 2 ) THE defendant is also engaged in the manufacture of various ayurvedic formulations including Chayawanprash. The defendant is manufacturing the said Chayawanprash under the brand name Himani Sona-Chandi Chayawanprash. The defendant has very rec