( 1 ) THE plaintiff has filed the present suit for injunction to restrain defendant No. 1 from infringing its copyright in its name with the logo and for passing off its trade name/goodwill and for rendition of accounts. Defendant No. 2, who was an artist who prepared the logo used by the plaintiff, has been impleaded as defendant No. 2. However, no relief is claimed against him. The said defendant has died in the meanwhile. Therefore, the suit is now only against defendant No. 1. Alongwith the suit, the plaintiff filed an application being I. A. No. 14519/91 under Order 39 Rules 1 and 2 of the Code of Civil Procedure for grant of interim injunction in its favour. On the said application, ex parte interim order was passed in favour of the plaintiff on 5th December, 1991 whereby the defendant was restrained from using the trade name prakash or trade logo, which is deceptively similar to that of the plaintiff. The defendant moved an application being I A. No. 14690/91 under Order 39 Rule 4 of the Code of Civil Procedure for vacating/discharging the said injunction order. This order will dispose of both the aforesaid applications.

( 2 ) THE case of the plaintiff is that fo