JUDGMENT :

Mukundakam Sharma, J.-

1. The present suit is filed by the plaintiff's praying for a decree for permanent injunction restraining infringement of trademark, copyright, passing off, and also acts of unfair competition and also for a decree of rendition of accounts. The plaintiff's also filed an injunction application which was registered as is No. 2922/2002. The plaint and the injunction application were listed before this Court. While issuing summons in the suit by order dated 20.3.2002 an ad interim ex parte injunction was also granted in favor of the plaintiff's and against the defendant and their agents restraining them from manufacturing and marketing their products under the marks/name "7 UP", "UP" and "SEVENTH UP" or any other mark, which may be identical with or deceptive similar to the plaintiff's trademarks. As notice was also issued on the said application, the defendant was served with both the summons and the notice pursuant to which the defendant has filed also an application under Order XXXIX Rule 4 CPC praying for vacation of the aforesaid interim injunction passed by this Court. Both the aforesaid application, namely, one under Order XXXIX Rules 1 and 2 CPC