Aruna Suresh, J.-

M/s Wockhardt Ltd., the respondent in the present appeal, (hereinafter referred to as plaintiff) is a company incorporated under the provisions of Indian Companies Act, 1956 and was incorporated on 8.7.1999 under the name of Wockhardt Pharmaceuticals Limited. The name of the company was changed on 28.12.1999 to M/s Wockhardt Limited, the present plaintiff. Plaintiff company is the leading manufacturer of pharmaceutical and medicinal preparations in India. Plaintiff is the owner of registered trademark SP ASMO-PROXYVON. Over the years, the plaintiff had been supplying the medicines continuously in India and have acquired the reputation of being extremely safe and reliable drug by virtue of adherence to strict quality standards maintained by the plaintiff. The defendant is selling its product under the trademark DEXOPHEN SPAS. Plaintiff has no objection to the user of the said trademark but to the get up of the packaging in respect of the blister pack of the defendant along with identical blue coloured capsules which according to the plaintiff is deceptively similar to that of the plaintiff, and is in violation of the rights of the plaintiff in its unregiste