( 1 ) THIS is an application under 0. 39 R. 1 and 2 Civil Procedure Code in a suit for injunction restraining defendants from using in relation to their product carton tube pertaining to cosmo Turmeric Vanishing Cream and/or any other carton or tube which is deceptively similar to plaintiffs carton and tube pertaining to "vicco Turmeric Vanishing Cream" so as to pass off their goods as the goods of the plaintiffs, for recovery of rupees one lakh as damages and also to deliver up for destruction all designs, blocks, tubes, carton and tube used in manufacture of these deceptively similar to the carton and tube of the plaintiffs.

( 2 ) THE suit was originally filed in the High Court at Bombay 8. 2. 78. Bharucha, J. passed the following order on 27. 7. 1978 : "i am not satified that this Court has Jurisdiction. Therefore, Notice of Motion dismissed. Costs of the notice of Motion to be costs in the cause. "

( 3 ) THE plantiffs then applied for leave to withdraw the suit on the ground of lack of jurisdiction and the following order was passed on 8. 8. 78. "plaint returned for presentation to proper Court. The Plaintiffs to pay to the Defendants the costs fixed at Rs