RAJIV SAHAI ENDLAW, J.

1. The application of the plaintiff for interim injunction in a suit for permanent injunction restraining infringement of trademark and passing off, is for consideration. The plaintiff as registered proprietor of trademark “HAJMOLA” in respect of goods in Class 05 has instituted the present suit for restraining the defendant from using the mark “PACHMOLA” in respect of the same goods. On the counsel for the plaintiff citing the judgment dated 4th July, 2008 of the Division Bench of this court in Pankaj Goel Vs. Dabur Ltd. FAO(OS) No.82/2008 upholding the ex parte order of injunction (also at the instance of the plaintiff) restraining appellant in that case from using the mark “RASMOLA” in relation to the same goods and further upon the counsel for the plaintiff informing that the Special Leave Petition preferred to the Supreme Court against the said judgment of the Division Bench had been dismissed, vide ex parte order dated 17th December, 2008 in the present case, the defendant till the disposal of the application was restrained from using the trademark “PACHMOLA” or any other mark deceptively similar to the trademark “HAJMOLA” of the plaintiff in