( 1 ) THIS is an application (IA5333/98) by the plaintiffs under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for issue of an ad-interim injunction restraining the defendants, their servants and agents from manufacturing, selling and offering for sale, directly or indirectly, their batteries under the trade mark Ultra and from passing off their goods as the goods of the plaintiffs under the above said trade mark or any other trade mark deceptively similar to the trade mark of the plaintiff i. e. Duracell Ultra. The application is supported by an affidavit. The defendants, on the other hand, have moved an application, being I. A. No. 6040/98, for vacating the ex-parte ad interim injunction granted to the plaintiffs vide order dated July 1, 1998.

( 2 ). The two applications are being taken up together as the disposal of one would inevitably lead to the disposal of the other since the plaintiffs have prayed fora relief to be granted to"them through I. A. No. 5333/98 to which, according to the defendants,the plaintiff are not entitled and the said application thus deserves rejection.

( 3 ). It would be necessary to place on record a few facts