1.A. No. 3847/2007

G.S. Sistani, J.- The plaintiff has filed the present suit, seeking, inter alia, a decree of permanent injunction for restraining the defendants from using in any manner, particularly in relation to their products, viz., frozen desserts and choc minis, the expression Sugar Free, which, the plaintiff claims has acquired exclusivity as a trade mark in relation to the various products manufactured by it. The said relief is being sought in order to prevent the defendants from passing off their products as those of the plaintiff as well as for rendition of accounts and damages.

2. Pending disposal of the present suit, the plaintiff filed an application being I.A. No. 3847/2007 under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter, CPC) for seeking interim relief. This Court vide order dated 3.4.2007 granted an ex parte ad interim injunction against the defendants. Pursuant thereto, defendant Nos. 1 and 2 filed an appeal being F.A.O. (O.S.) No. 113/2007 for setting aside the ex parte order dated 3.4.2007. A Division Bench of this Court vide order dated 4.5.2007 directed that the appeal being F.A.O. (O.S.) No. 113/200