( 1 ) IA No. 821/2006 is an application filed by the plaintiff under Oeder XXXIX Rule 1 and 2 of the Code of Civil Procedure (CPC) seeking ad interim injunction. On 25th January, 2006 ex-parte ad interim injunction was granted to the plaintiff. On service of this injunction order upon the defendant, the defendant immediately filed IA No. 1106/2006 under order XXXIX Rule 4 CPC for vacation of the injunction order dated 25th January, 2006. It is, in these circumstances, both the applications were heard together and are being disposed of by this common order.

( 2 ) THE question in these proceedings essentially is as to whether the advertisement of the defendant of its product under the trade name Mortein which is an insecticide is disparaging and1 denigrates the product of the plaintiff and on this ground whether the plaintiff can restraint the defendant from exhibiting such an advertisement on electronic media.

( 3 ) THE plaintiff company is engaged in the manufacturing and/or marketing variety of goods including coils, mats, liquid vaporizers (apparatus and refills), aerosols, oils sprays etc and destroying substances and preparations for insecticides. These produ