( 1 ) THS defendants have come up in appealteclh^ a^gr. tived by the ordw dated 12-7-^c- passed by a learnedsingle Judat, of this Court (Onginal Side) confirming the ex parteorder of iahjnctionandreie:wgthe defendants applicahoil forvac . ition of the ex parts order of injunction dated 23-5-96 in alrxie mark -case.

( 2 ) THE plaintiff Himalaya Drug Co. is engaged in the manufacture and sale of Ayurvedic medical preparations since 1930. Oneof the preparations manufactured and marketed by the plaintiff isunder the trade mark Liv. 52. It is a liver tonic prescribed forliver disorder and to protect the liver against various dysfunction,damage and hepatotoxins. It is also advised for promoting appetiteand gn. wth. The trade mark Liv. 52 is registered since 10-7-57 inclass 5 as medical preparation for the treatment of disorders ofliver. The Liv. 52 label is also registered in class 5 as medicalpharmaceutical and Ayurvedic preparation and substances since25-2-87.

( 3 ) THE grievance of the plaintiff is against the use by the defendant of the trade mark LIV-T for its similar product the defendants are also manufacturers and merchants of Homoeopathic pharmaceutical preparatio