( 1 ) ALONG with suit, for perpetual injunction for infringement of trade mark and copyright, plaintiff filed an application, being I. A. No. 4138 of 1985, under Order 39 Rules 1 and 2 read with Section 151 of Civil Procedure Code, thereby claiming the following temporary inju. nction :

"it is humbly prayed that pending the hearing and final disposal of this suit. the defendants themselves, there servants, agents, stockists and all other persons on their behalf be restrained from using and infringing mark in relation to any vaporising ointment or any other preparation, the trade mark Vlkas s PACORUB, bottles and metal containers as per annexures e and f which is in infringement of the plaintiffs registered trade marks Nos. 328354, 328355 and 267167. The defendants may be further restrained from passing off and enabling others to pass off their vaporising ointment or other product in bottles and metal containers annexures e and f as and for that of the plaintiffs or in some ways connected with that of the plaintiffs. The Defendants may be further restrained from infringing the plaintiff s Copyright in annexures a and b . " Vide an exparte order dated 31-7-1