JUDGMENT :

S. Ravindra Bhat, J.-

1. The Plaintiff, who sues the Defendant for permanent injunctive relief and delivery up in respect of its trademark, claiming infringement, seeks an ad-interim temporary injunction under Order 39, Rules 1 and 2 CPC (CPC). This Court had granted ex-parte injunction; the counsel for parties were heard on the question of confirmation of that order, made on 11.3.2005. This order disposes off that application.

2. According to averments in the suit, the trademark DIGEPLEX was adopted by the Plaintiffs predecessor in title, Teddington Chemical Factory Private limited, in 1958 in India. The Plaintiff avers that, the said Teddington Chemical Factory Private limited, applied for and obtained registration of the trade mark DIGEPLEX under Trade Mark Registration No. 186228 in Class 5 for pharmaceutical preparations containing vitamins. Pursuant to an order dated 21st June, 1962, by the Registrar of Trade Marks, Rallis India Limited was recorded as a subsequent proprietor of the trade mark with effect from 1st May. 1962. A copy of the Trade Mark Registration certificate along with certificate for use in legal proceedings is enclosed with the plaint.

3. The Plainti