( 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 "calyps