1. The plaintiff has filed a suit for permanent injunction restraining infringement of copyright, trade mark, rendition of accounts, damages and delivery up etc.

2. By this order, I shall dispose of the two applications being IA No.10720/2008 under Order XXXIX Rule 1 and 2 CPC filed by the plaintiff and IA No.11669/2008 under Order XXXIX Rule 4 CPC read with Section 151 CPC filed by the defendant for vacation of ex parte ad interim order dated 5th September, 2008.

3. The brief facts, as per the plaint, are that the plaintiff is engaged in the business of research, production, marketing, and export of various pharmaceutical and medicinal products and preparations to various countries outside India and has been engaged in the present business for last several years.

4. The plaintiff has alleged that on 8th February, 2002 the plaintiff filed an application for registration of the trade name „Vega Asia? which is duly registered trade mark under No.1079405 in class 5 in respect of pharmaceutical and medicinal preparations included in class 5. It is also alleged that the plaintiff holds valid and subsisting drug licence issued by the Drug Licensing and Controlling Auth