( 1 ) THIS order will dispose of plaintiff s application under Order 39 rules I and 2 read with Section 151 CPC, being IA No-6215 of 19990, for grant of temporary injunction restraining the defendants from selling or offering for sale and from using in any manner whatsoever, the trade mark tisco" or "fisco" or any other mark deceptively and confusingly similar to Trade Mark TISCO of the plaintiff in relation to channels and application of defendants 2 and 5 under Order 39 rule 4 being I. A. No. 8804 of 1990, for vacation of ex pane interim order dated August 8,1990 whereby the defendants were restrained from using the Trade Mark TISCO or FISCO in relation to the aforesaid product.

( 2 ) IN order to appreciate the questions argued at the bar it will be necessary to set out the relevant facts as detailed in the pleadings of the partics.

( 3 ) THE case of the plaintiff is that the plaintiff company was established 80 years ago and has been engaged in the manufacture and marketing of iron and steel and its derivative products including products like channels. These products are being sold under the trade mark "tisco". This trade mark has been registered under the Tr