( 1 ) THE plaintiff has instituted a suit for perpetual injunction restraining infringement of trade mark, passing off and rendition of accounts in respect of the trade mark of the plaintiff jumbo LABEL with device of Aeroplane in relation to edible oils (Mustard Oil ). The main relief sought for in the suit is for a permanent injunction restraining the defendant, its servants, agents and others working on its behalf from manufacturing, marketing, selling or offering for sale or otherwise dealing in Tea or any other allied and cognate goods under the trade mark jumbo LABEL or any other trade mark which may be deceptively similar to the plaintiff s trade mark jumbo LABEL .

( 2 ) IN the suit the plaintiff has also filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure seeking for an ad interim injunction restraining the defendants in the aforesaid terms from manufacturing the aforesaid articles under the trade mark jumbo LABEL which may be identical and/or deceptively similar to the plaintiff s trade mark.

( 3 ) THIS court, while issuing summons to the defendants considered it fit to issue only a notice to the defendants on the injunc