( 1 ) THE application under Order 39 Rules 1 and 2 Civil Procedure Code for temporary injunction has been moved by the plaintiff in the suit for perpetual injunction to restrain the defendants from infringing their registered trade mark "himalayan -BATISA" and, from using the artistic work/ label registered under,the Copy Right Act,1957 in respect of "ayurvedic veterinary medical preparations" and from passing off their goods under the of fe. ndi. ng trade mark "himalaya BATISA" or under any other trade mark/label which may be identical with and/or deceptively similar to the plaintiffs registered trade mark.

( 2 ) PLAINTIFFS have been carrying on their business of manufacturing and marketing of "ayurvedic veterinary medical preparations" since 1956 under the trade mark/label himalayan BATISA" which is duly registered in the name of the plaintiffs under the Trade and Merchandise marks Act,1958 (in short the Act. ). The plaintiff No. 1 is also the owner of copyright of the artistic work of the label consisting of "himalayan BATISA" which is duly registered under the Copy Right Act, 1957. The allegations are that the products of the plaintiffs marketed under the trade