( 1 ) BY this order, plaintiff s application (I. A. No. 7665/99) under Order 39 Rules 1 and 2, Civil Procedure Code seeking temporary injunction and defendants application (I. A. No. 8739/99) under Order 39 Rule 4, Civil Procedure Code for vacating the exparte interim injunction granted on 12. 8. 1999 are being disposed of.

( 2 ) PLAINTIFFS has filed a suit for injunction against infringement of trademark, infringement of copyright, and passing off, besides other ancillary reliefs. The case of the plaintiff is that plaintiff is the registered proprietor of the label suraj CHHAP registered vide registration No. 287631 dated 24. 4. 1973 in Class 34 in respect of Scented Chewing Tobacco which has been renewed and a valid mark on the Trademark Register having been last renewed on 24. 4. 1994. Formerly plaintiffs was a partnership firm doing business in the name of M/s. Prakash Sugandh Bhandar comprising of Om Prakash, Sumer Chand and Promod Kumar as its partners since the year 1973. Subsequently, one of the partner retired and one other expired and now plaintiff is its sole proprietor. It is alleged that the plaintiff has traded extensively under the trade mark "suraj