( 1 ) THIS is an appeal against the order of learned Single judge dated 23/06/1997, passed in I. A. 6973/96, an application under Order 39, rules 1 and 2, Civil Procedure code, filed by the plaintiff- M/s. Godfrey Phillips India Ltd. , and I. A. 7896/96, an application under Order 39, Rules 4, Civil Procedure code, filed by defendant-M/s. Girnar Food and Beverages Pvt. Ltd.

( 2 ) BY the said order impugned in the present appeal learned Single Judge allowed I. A. 6973/96 and dismissed I. A. 7896/96 consequent on finding that a strong prima facie case was made out by the plaintiff. The learned Single Judge ordered that the defendant be injuncted from manufacturing, selling, offering for sale or distributing tea with the trade-mark SUPER CUP or any other trade mark deceptively similar thereto.

( 3 ) THE plaintiff s/respondent-M/s,vs. Godfrey Phillips India Ltd/s (hereinafter referred to as godfrey Phillips ) case set out in the plaint is as under : m/s. Godfrey Phillips carries on business of manufacturing and selling various brands of tea. Since 1988 a new adopted brand SUPER CUP was advertised arid marketed by them and for the said purpose they incurred large expenditur