( 1 ) THE present order disposes of I. A. No. 6394/2003 filed by the plaintiffs under Order 39 Rules 1 and 2 read with Section 151, CPC and i. A. No. 6584/2003 filed by the defendant under Order 39 Rule 4 read with Section 151, CPC. By I. A. No. 6394/2003, the plaintiffs seek to restrain the defendant, pending adjudication of the suit, from directly or indirectly, selling alcoholic beverages under the trade mark "superior 5000" or any other mark identical and/or deceptively similar to the trademark "haywards 5000 SUPER STRONG beer" amounting to infringing of plaintiffs trade mark No. 436744 and/or from reproducing, printing, publishing, selling or offering for sale any product with any label or packaging which is a colourable imitation or substantial reproduction of the plaintiffs "haywards 5000" packaging and labelling, further injunction is sought restraining the defendant from passing off its goods as the goods of the plaintiff by using packaging and labelling deceptively similar to the plaintiffs trade mark "haywards 5000".

( 2 ) THE suit and the aforesaid injunction application came up for hearing on 29. 5. 2003, on which date the following ad-interim inj