JUDGMENT

Manmohan Singh, J. By this order I shall dispose of this application being IA No.5495/2008 under Order XXXIX Rules 1 & 2 read with Section 151 CPC.

2. The facts of the case are that the plaintiff has filed a suit for permanent injunction restraining passing of, damages and delivery up etc.

Plaintiffs case

3. The plaintiff is manufacturing and selling pharmaceutical specialities and is in the business for the past 100 years. The plaintiff is the proprietor of the trademark SECEF., a medicinal formulation containing cefisime which is sold by the plaintiff in capsule and suspension form.

4. The trade mark SECEF, as per the plaintiff, was adopted in the year 1998 and is a coined word and is a distinctive trade mark. The said trade mark, according to the plaintiff, was available in many countries since late 1980s and early 1990s and in India since May 2002. There was also a discussion in various pharmaceutical well known trade journals in the year 1988.

5. The plaintiff.s application for registration of the said trade mark is pending in India under No. 1494475 in class 5 dated 9th October, 2002. The plaintiff.s earlier application bearing No. 814621 in class 5 was aband