( 1 ) THE plaintiff has filed a suit for perpetual injunction, infringement of trade mark, passing off and rendition of account. Along with the suit an application was filed (IA No. 2193) under Order 39 Rules l and 2 read with Section 151 Civil Procedure Code for restraining the defendants from manufacturing, selling, offering for sale, dealing in plastic goods under the trade marks peacock along its device. Further prayer was sought by the plaintiff to restrain the defendants from using the marks PEACOCK in respect of their corporate name of any other trade marks or the word which is deceptively similar to the plaintiff s trade mark "mayur . The case of the plaintiff is that plaintiff has been carrying on the business of manufacturing and selling wide range of plastic goods since the year 1968 and it is registered properietor of the following trade marks :- (a) Trade mark MAYUR registered under No. 369817 in class 21 in respect of buckets, wash basins and water jugs, small household containers, brushes, hair combs, mugs, picnic boxes and trays (not of precious metal or coated therein) lunch boxes, table plates, pots and dustbins; all being goods made of plastic