( 1 ) THE plaintiff in suit No. l570/92 is Pepsi Foods Limited (In short referred to as "pepsi" ).

( 2 ) THIS suit has been filed by "pepsi" for declaration, injtinction and rendition of accounts. Suit No. 2110/92 has been filed by Jai Drinks Private Limited (In short referred to as "jai") against Pepsi Foods Limited for declaration and for recovery of money. This order will dispose of the application for injunction filed by "pepsi" in suit No. l570/92 as also the application of "jai" in the same suit for vacation of stay, which had been granted ex parte on April 29, 1992. It will also dispose of the applica- tion of "jai" in suit No. 2110/92 for an injunction against "pepsi". The facts in short which have given rise to the filing of these suits are that : -

( 3 ) "pepsi" being the proprietor of the trade mark Lehar Pepsi, Seven Up and Lehar Mirinda, manufactures soft drink concentrate for beverages being bottled under the aforesaid trade marks. "pepsi" then enters into an agreement for sale of concentrates to various franchised bottlers for manufacturing and bottling soft drinks/beverages. One such bottling agreement was entered into by "pepsi" with "jai" on or ab