M.K.SHARMA
BIOFARMA – Appellant
Versus
SANJAY MEDICAL STORE – Respondent
( 1 ) IN the suit instituted by the plaintiffs praying for a permanent injunction restraining the. defendants, their servants, agents, dealers and stockists from using the trade mark trivedon or any other trade mark which isstated to bedeceptively similar with the trade mark flavedon of the plaintiffs and for infringement of trade mark and passing offdamages. The plaintiffs also filed an application under Order 39 Rules I and 2 of the Civil Procedure Code praying for grant of a temporary injunction against the defendants from manufacturing and selling, offering for sale medicinal preparations and pharmaceuticals under the trade mark trivedon or any other trade mark which is deceptively similar with the trade mark of the plaintiff s flavedon . The aforesaid application was registered as IA 11683/ 95. The defendants have filed their written statement as against the suit instituted by the plaintiffs and have also filed reply to the application. The said application was set out for hearing before me on which I have heard the learned Counsel appearing for the parties and accordingly, I propose to dispose of the said application by the present order.
( 2 ) ACCORDI
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