Pradeep Nandrajog, J.

1. The backdrop facts leading to filing of the above captioned appeal are that on April 08, 2009 the appellant filed a suit being CS (OS) No.653/2009 on the original side of this Court inter-alia praying for a decree of permanent injunction restraining the respondent No.1 or any other person acting under its authority from using the trade mark “HERITAGE” as part of its trade name “INDIAN HERITAGE SELECT/INDIAN HERITAGE/HERITAGE SELECT” in relating to its goods (Basmati rice). Along with the suit, the appellant filed an application under Order XXXIX Rule 1 and 2 CPC being I.A. No.4748/2009 praying for an interim injunction till the disposal of the suit.

2. It was pleaded by the appellant that it is the registered proprietor of trade mark “HERITAGE” in India in relation to Basmati rice. The respondent No.1 is engaged in the business of manufacture, sale and export of Basmati rice. The respondent No.1 is using the trade name “INDIA HERITAGE SELECT/INDIAN HERITAGE/HERITAGE SELECT” in respect of Basmati rice. The use of trade mark “HERITAGE” as part of its trade name “INDIA HERITAGE SELECT/INDIAN HERITAGE/HERITAGE SELECT” by the respondent No.1 is illega