Jayant Nath, J.

1. The present suit is filed by the plaintiff seeking a decree of permanent injunction to restrain the defendant from manufacturing, selling, offering for sale, advertising, etc. the medicinal products or other related goods under the trade mark ‘HEPROTEC’ or any mark deceptively similar to the plaintiffs’ trade mark ‘HEPITEC’ and for other connected reliefs.

2. IA No.13265/2011 is an application filed under Order 39 Rules 1 and 2 CPC by the plaintiff seeking interim injunction to restrain the defendant etc. from manufacturing, selling, offering for sale or dealing in medicinal products or other related products under the trade mark ‘HEPROTEC’ or any mark deceptively similar to the plaintiffs’ trade mark ‘HEPITEC’.

3. The matter came up for hearing on 23.08.2011 when this court passed ex parte injunction restraining the defendant, its directors, principals, officers, agents, employees and representatives from manufacturing, selling and advertising directly or indirectly medicinal products under the trade mark ‘HEPROTEC’. The defendant has now filed IA No. 14230/2011 under Order 39 Rule 4 CPC for vacation of the stay. The two applications IA No.13265/2011 and