Badar Durrez Ahmed, J.

1. Two applications shall be disposed of by this order. The first application (IA.No. 9165/2007) has been filed by the plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) and the second application (IA.No. 10779/2007) has been filed by the defendant under the provisions of Order 39 Rule 4 CPC for vacation of the ex parte interim injunction which was granted by this Court on 14.08.2007 on the first application, that is, is 9165/2007. The Ex Parte Order:

2. A reading of the order dated 14.08.2007 reveals that the plaintiff claimed itself to be the proprietor of the registered trademark "RANA" in respect of its products which include steel rolled products, C. T. D bars, angles, flats, rounds, channels and girders. The plaintiff had stated that it had used the said trademark since 1993 continuously and that it had applied for the registration of the trademark on 14.12.1994 which was finally granted on 03.03.2006. The said registration was in Class 6 specified in Schedule IV to the Trade Marks Rules, 2002. It may be pertinent to note that while the application for registrat