( 1 ) THIS Order shall dispose of application I. A. No. 3214/98 under Order 39, Rules 1 and 2 read with Section 151 CPC.

( 2 ) THE plaintiffs have filed a suit for declaration and permanent injunction against the defendants. In this suit the plaintiffs have also prayed for the grant of an injunction during the pendency of the suit.

( 3 ) THE plaintiffs are engaged in manufacturing, marketing and sale of soft drink beverages, under the trade mark "pepsi" all over the world including India. For the sake of convenience the plaintiffs are jointly referred as "pepsi" and the defendants as "coke".

( 4 ) IT is alleged that the main competitor of Pepsi in the soft drink beverage business is Coke. In India also, the main business rivals of the plaintiffs are the defendants, Coke. It is incorporated in the plaint that the soft drink business worldwide is extremely competitive and the business rivalry between Pepsi and Coke is fairly intense all over. Both the group of companies spend a large amount of money,time and efforts to protect and develop their respective business interests. In India also, both Pepsi and Coke have spent a considerable amount of money on advertisin