( 1 ) BY this application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure, the plaintiff has sought an injunction restraining the defendant, during. pendency of the suit, from manufacturing, selling, offering for sale or otherwise dealing in Diesel Oil Engines and parts thereof under the trade mark "sonamarshal" and/or any other trade mark identical and/or deceplively similar to the registered trade mark and label entitled "field MARSHAL" of the plaintiff and from passing off its goods as and for those of the plaintiff s goods under the said mark/label "sonamarshal"and under the trading style of "s. M. . h1 IA 8027/89 in S. 2877/89. DIESELS".

( 2 ) THIS application has been filed along with the suit for perpetual in junction restraining infringement of trade mark, trade name, copyright, passing off and for rendition of accounts etc.

( 3 ) THE relevant facts set out in the application as well as in the suit are that the plaintiff company since the year 1963 has been carrying on the business of manufacturing, marketing and exporting of Diesel Oil Engines and parts thereof (not for land vehicles), Centrifugal pumps, electric motors and parts thereof etc