JUDGMENT :

Anil Kumar, J.

This order shall dispose of plaintiffs' application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking restraint against the defendant from using his registered trade mark 'MEROMER' alleged to be deceptively similar to the plaintiffs' trade mark 'MERONEM' and defendant's application under Order XXXIX Rule 4 read with Section 151 of CPC to vacate the interim order dated 6th October, 2005 whereby defendant was restrained from selling, marketing or in any manner dealing with pharmaceutical product under the name 'MEROMER'.

2. Brief facts to comprehend the disputes between the parties are that plaintiffs filed the suit for permanent injunction seeking restraint of infringement of their trade mark and passing off of his products by the defendant as that of plaintiff contending that plaintiff No. 1, Astrazeneca U.K. Limited, is a company constituted under the laws of England having its registered office at London which was formed as a result of the merger of two world renowned pharmaceutical groups, namely, Astra AB incorporated in Sweden and