( 1 ) IN this suit for the grant of permanent injunction and rendition of account of profits the plaintiff Philip Morris Belgium S. A. , 187-189 Chaussee de la Hulpe, 1170 Bruxelles-Boitsfort, Belgium has moved an application against the defendant Golden Tobacco Company Limited, Tobacco House, Swami Vevekananda Road, Ville Parle West, Bombay under Order 39, Rules 1 and 2 of the Code of Civil Procedure for the grant of temporary injunction till the disposal of the suit whereby the defendant is sought to be restrained from using the plaintiffs registered trade mark "visa" or any other trade mark deceptively similar thereto in relation to its goods. The plaintiff alleges itself to be the registered proprietor of the following trade mark :the said trade mark is further alleged to be valid and subsisting. This trade mark is being used by the plaintiff in relation to cigarettes manufactured by it and sold in a large number of countries of the world but has not been able to sell in India any of its products under this trade mark since recent years because of import restrictions.

( 2 ) IT is further alleged that it was in or about the month of November 1980 that the plaintif