Lokeshwar Prasad, J.

( 1 ) THIS Order will dispose of plaintiff s application (IA 2444/96) filed under Order 39 Rules I and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter REFERRED TO as the CPC ) with the prayer that an interim injunction be granted restraining the defendants, its partners, or proprietors, as the case may be, their officers, agents and servants from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in a pharmaceuticals/medicinal preparations under the mark DICAMOL or any other mark as may be identical with or deceptively similar to the plaintiff s trade mark DICLOMOL or from doing any other thing as may be likely to lead to passing off the goods and/or business of the defendants as that of the plaintiff s.

( 2 ) THE facts relevant for the disposal of the above mentioned application, briefly stated are that the plaintiff Company filed a suit for permanent injunction, restraining passing off, rendition of accounts of profits, delivery up etc. against the defendants, named above, averring that the plaintiff is a Company incorporated under the provisions of the Companies Act, 1956, having its registered o

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