( 1 ) PLAINTIFFS are two companies, Aviat Chemicals pvt. Ltd. and NBZ Pharma Ltd. By virtue of the present suit they seek a permanent injunction to restrain infringement of the registered trade mark i. e. MULTIVITAMIN INFUSION (for short MVI), passing off, and rendition of accounts against the defendant no. 1 Magna Laboratories (Gujarat) Pvt. Ltd.

( 2 ). Some of the relevant facts are that plaintiff no. 1 contends that it is carrying on business as manufacturers and dealers of pharmaceutical and medicinal preparations. Plaintiff no. 2 is also a company incorporated under the Companies Act carrying on business of manufacturing and selling pharmaceutical medicinal preparations. The grievance of the plaintiffs is that defendants are infringing the registered trade mark MVI and passing off with respect to the trade mark referred to above in relation to their medicinal and pharmaceutical preparation. Plaintiff no. 1 is pleaded as proprietor of the trade mark MVI in respect of medicinal and pharmaceutical preparations. Around 22/09/1958 US Vitamin Corporation (Arlington Funk laboratories) USA filed an application for registration of trademark MVI and had obtained the regist