( 1 ) THE application (I. A. 6122/2000) has been filed by the plaintiff under Order XXXIX, Rules 1 and 2, CPC for interim injunction and the application (I. A. 6523/2000) is an application under Order XXXIX, Rule 4, CPC filed by the defendant for vacation of the ex parte interim injunction granted by this Court on 19th June, 2000.

( 2 ) THE plaintiff has filed this suit seeking an injunction against the defendants 1 and 2 for the infringement and passing off the defendant s ayur Slim Tablets which according to the plaintiff were deceptively similar to the plaintiff s product in question which is a wooden tumbler called ayur Dia Slim Tumbler . The defendant No. 1 is a stockist of the product Ayur Slim Tablets manufactured and marketed by the defendant No. 2 (hereinafter referred to as the defendant ).

( 3 ) DURING the course of the arguments the learned Counsel for the plaintiff stated that he is not pressing the relief for infringement as the trade mark is not registered for the Ayur Dia Slim Tumbler and is confining his case for an injunction in respect of passing off only. The plaintiff submits that if is the maker of several cosmetic products under the registered