( 1 ) M/s. NOVELTY Emporium (hereinafter described as "the plaintiff") has filed the present suit for perpetual injunction, restraining the defendant (M/s. Novelty Creation Private Limited) from manufacturing, selling offering for sale, advertising, directly and indirectly dealing in wedding sarees, banaras, Bangalore and South sarees, Embroided sarees, lehanga Chunni, Punjabi suit dupatta etc. under the corporate name "novelty" of the company or any other company name with prefix and suffix of the word "novelty". Besides that a claim has also been made for rendition of accounts. During the pendency of the said suit, the plaintiff seeks ad interim injunction by virtue of I. A. No. 8647/98. The defendant has filed an application under Order XXXIX Rule 4 of the Code of civil Procedure i. e. I. A. No. 8962/98. By this common order,both these interim applications are proposed to be disposed of.

( 2 ). The facts alleged are that the plaintiff is engaged in the business of manufacturing, exporting and acting as a dealer in wedding sarees and other clothes, stitched clothes like Punjabi Suit Dupatta etc. It is carrying on the business under the name and style of Novelty Empo