JUDGMENT

S.N. Kapoor, J.--These two FAOs arise out of a collaboration agreement between predecessor-in-interest respondent No.2 and promoters of the appellant Company for formation of appellant- company in India and revocation of the agreement and withdrawal of implied consent to use Trade Marks by successors of a Swiss partnership firm which entered into the collaboration agreement plaintiff/respondent No.2 and proprietors of unregistered Trade Mark "AO/ASIF" and registered device and the word "Synthes" Trade Marks.

The plaintiff/respondents have filed two suits -- one for "passing off action" and the other for "infringement action".

In I.A. 3420/93 in Suit No. 709/93 for passing off action, learned Single Judge passed an injunction order restraining the appellants from manufacturing, selling, offering for sale and advertising surgical instruments and orthopedic implants one under the unregistered trade mark A.O./ASIF or device mark or any other similar mark as is likely to cause confusion, deception or may amount to passing off the goods of the defendants for those of the plaintiffs.

On I.A. No. 3419/93 in Suit No. 708/93 for infringement action, learned