( 1 ) THIS application (I. A. No. 1771/91) under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure has been filed by the plaintiff for temporary injunction for restraining defendants and their agents etc. from selling or offering for sale pharmaceutical and medicinal preparation under the trade mark DICMOL or any other trade mark identical or deceptively similar to the plaintiff s trade mark DICLOMOL in a suit filed by it for permanent injunction restraining defendants from passing off their goods under the trade mark DICMOL and other ancillary reliefs. Ex-parte ad-interim injunction was granted on 7. 2. 1996.

( 2 ) THE case of the plaintiff is that the plaintiff is a company incorporated under the Indian Companies Act, 1956, in the year 1981, and is engaged in the field of manufacturing, development and marketing of pharmaceutical and medicinal preparations; and due to large scale advertisement and other innovative promotional schemes and their medicines being of superior quality have acquired reputation in the market, medical circle and consumers. It is also alleged that the plaintiff inter-alia are manufacturers of Anti-inflammatory and an