MADAN B. LOKUR, J.

( 1 ) IA No. 608/2006 is an application filed by the Plaintiff under Order XXXIX rules 1 and 2 of the CPC in which it has prayed for an injunction restraining the Defendant from telecasting the impugned ?wipro Sanjivani Honey? TV commercial during the pendency of the suit.

( 2 ) BY an ad interim ex parte order dated 19th January, 2006, the injunction as prayed, was granted.

( 3 ) THE Defendant has since filed IA No. 2042/2002 for vacating the ad interim ex parte injunction. Both these applications are being disposed of by a common order.

( 4 ) THE Plaintiff is a manufacturer of a wide range of pharmaceuticals, toiletries and medicinal preparations including Ayurvedic medicines and formulations. The products of the Plaintiff are marketed under its registered trade mark ?dabur?.

( 5 ) ONE of the products manufactured by the Plaintiff is Dabur Honey. According to the Plaintiff it has an annual turn over of about Rs. 50 crores in respect of this product and promotional expenses in this regard are to the tune of about Rs. 3. 4 crores.

( 6 ) THE Plaintiff says that its honey is sold in bottles of various sizes and it has acquired a design registration of its bottle und

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