( 1 ) THIS is an application by the plaintiff for issue ofan ad interim injunction under Order 39 Rules 1 and 2 of the Civil Procedure Code restrainingthe defendant, their servants and agents from manufacturing, selling, offeringfor sale, advertising or displaying, directly or indirectly, their toys or stuffedtoys under the trade mark cuddles or any other trade mark identical withor deceptively similar to the aforementioned trade mark of the plaintiff.

( 2 ) BRIEF facts which led to the present application are : that the plaintiffis a firm and Smt. Vinay Chawla is the sole proprietress of the said firm. Thesaid firm deals in toys under the trade mark cuddles . The plaintiff hasbeen using the said trade mark since long i. e. 1/01/1987. The goodsof the plaintiff bearing the said trade mark are in huge demand in the markets. The plaintiff with a view to acquiring the statutory rights in the said trademark moved an application bearing No. 505426 before the Trade Markregistry, New Delhi on 15/02/1989 for all types of toys. The saidapplication has been accepted for registration by the Trade Mark Registry,bombay vide Order No. U-8/2759, dated 30/07/1991 and as such, registr