( 1 ) THIS judgment will dispose of F. A. O. No. 195/93 and F. A. O. (OS) No. l83/93.

( 2 ) F. A. O. 195/93 is directed against anorder dated 27th July 1992/28th July 1992 passed by Smt. R. S. Dalvi,judge, City Civil Court, Bombay, granting an ad interim injunction in favour of M/s BDA Breweries and Distilleries Ltd. (hereinafter referred to as BDA) and against M/s Cruickshank and Co. Ltd. (hereinafter referred to Candc) restraining Candc from in any manner directly or indirectly using in relation to any Indian made Foreign Liquors the trade marks and/or labels mentioned in Anxs to the Deed of Assignment,exhibit a or any other mark or marks or labels deceptively similar thereto.

( 3 ) FAO (OS) 183/93 arises from an order dated 25th January 1993 passed by a learned Single Judge of the Bombay High Court in the suit filed by Candc against BDA and others refusing to grant any ad interim order in favour of Candc.

( 4 ) BOTH cases revolve around the Deed of Assignment dated 26th February 1991 executed between Candc and BDA. BDA claims that by virtue of the said Deed of Assignment three trade marks/brand names/labels, namely, "officer s Choice", "1000 Guineas" and "calypso Rum" together with goodwill of the business attached thereto inregard the business of manufacturing and sale of India made foreign liquor products were assigned by Candc in favour of BDA. Thus BDA claims the right to use the said trade marks and labels and to get them registered in its favour. It is further claimed by BDA that the said assignment was for a valid consideration of Rs. l5 lacs paid by it to Candc. Before the execution of the Deed of Assignment on 26th February 1991 the parties had entered into an agreement regarding the said assignment on 30th August 1990. BDA has further pleaded in its plaint that the Deed of Assignment contains an express negative covenant on the part of Candc whereby Candc agreed and covenanted that upon assignment of the said trade marks in favour of BDA it would not use the same for IMFL. BDA has also pleaded that by virtue of the Deed of Assignment dated 26th February 1991 Candc as the assignor and BDA as the assignee for a consideration of Rs. l5 lacs acknowledged to have been received by Candc, duly assigned and transferred in favour of BDA all the proprietary rights including common law rights, title, interests, benefits in respect of the said trade marks alongwith goodwill of the business relating to the goods in respect of which the said trade marks and labels were used and all benefits, right, title and interest in respect of the trade mark applications so that the same were transferred to and vested in BDA together with goodwill of the business relating to the goods in respect of which the trade marks and labels were used absolutely. On this basis BDA claimed the following reliefs in suit filled by it in the Bombay City Civil Court:-

" (A) that it be declared that the plaintiffs are desole and exclusive owners of and entitled to the trade marks and labels mentioned in the Annexures to the Deed of Agreement Exhibit "c" hereto together with all benefits, rights and interest including the rights of registration thereof under the Trade and Merchandise Marks Act, 1952 including common law rights and goodwill of the business relating to the goods viz. Indian made foreign liquors and to use the said trade marks and labels; (b) that it be declared that the Defendants by themselves their servants and agents or anyone claiming by through or under them or otherwise whoever have no right, title or interest in respect of and are not entitled to use the said trade marks and/or labels mentioned in the annexures to the Deed of Assignment Exhibit "c" here to in respect of any Indian made foreign liquor; (c) that the Defendants by themselves, their servants and agents or anyone claiming by under or through them or otherwise whosoever be restrained by a permanent order and injunction by this Hon ble Court from in any manner