( 1 ) BY this order I propose to dispose of I. A. No. 6268/2001 (Order 39 Rules 1 and 2. Civil Procedure Code) filed by the plaintiff and I. A. 5461/2001 (O. 39 R. 4 Civil Procedure Code) filed by the defendant.

( 2 ) BRIEFLY stated the facts leading to these applications are as follows:- plaintiff Mr. Vijay Kumar Ahuja has filed this suit against his brother s wife Mrs. Lalita Ahuja seeking ad interim injunction restraining her from dealing in luggage,items and other allied, and cognate goods under the trade mark, MISTER, DEFENCE, ARUN and ML or any other identical and/or deceptively similar mark thereby amounting to passing off the defendant s goods for those of the plaintiff and also from infringement of copyright it is alleged in the plaint that plaintiff is carrying on business of manufacturing and marketing of various kinds of luggage items Under the name and style of Vijoy industries. The plaintiff. has been using its trade marks namely MINISTER, DEFENCE, ARJUN AND ML in respect of different types of luggage items. It is pleaded that, the said trade marks were originally adopted by the plaintiff in the year 1992 in respect of those goods and that the plaintiff h