( 1 ) BY this order two applications, (1) I. A. 6973/96 under0rder39 Rules I and 2, Civil Procedure Code filed by the plaintiff for ad interim injunction and (2) I. A. 7896/ 96 under Order 39 Rule 4, Civil Procedure Code filed by the defendant for vacating the ex parte interim injunction granted on August 2, 1996 are being disposed of.

( 2 ) ON the aforesaid application of the plaintiff an ex parte injunction was granted on 2nd August, 1996 restraining the defendant from manufacturing, selling, offering for sale or distributing tea with the trade mark SUPER CUP or any other trade mark deceptively similar thereto.

( 3 ) THE plaintiff has filed a suit for injunction, passing off action with other ancillary reliefs.

( 4 ) THE case of the plaintiff is that they have been carrying on business inter alia manufacturing and selling various brands of tea and in the year 1988 they had adopted and started selling tea under new trade brand SUPER CUP and since then they have been advertising their tea with this trade mark incurring huge expenditure on advertisement of this product. Such expenditure during 1988-89 was of Rs. 27 lacs which has increased to Rs. 285 lacs in the year 199