( 1 ) THIS appeal by the defendant is against an order passed on 4. 2. 1997 by learned Single Judge in IA 6064/96 and IA 6065/96 (in Suit No. 1516/96 ). On 4. 2. 1997 learned Single Judge passed the following orders in the suit as well in the two misc. applications:

( 2 ) "s. NO. 1516/96 One Mr. Devinder Singh appears for defendant FAB Axles Pvt. Ltd. He says that he has filed a caveat through Singh Bhatia Chatterjee but now he does not propose to engage a counsel.

( 3 ) SINCE caveat had been filed by Singh Bhatia Chatterjee, notice to go to him as to why he had refused to take notice saying that he had nothing to do with caveat.

( 4 ) LET written statement be filed within four weeks with advance copy to plaintiff.

( 5 ) RENOTIFY for 26. 7. 1997.

( 6 ) IA 6064/96 This is an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. Representative of defendant seeks six weeks time to file reply.

( 7 ) TIME granted.

( 8 )

( 9 ) CONSIDERING the facts and circumstances of the case, till the next date of hearing i. e. 26. 7. 1997, defendant is restrained from using "fab" as a trade mark or as a part of its corporate name or trading