( 1 ) THIS Appeal From Order is filed against the order passed by the leaned City Civil Judge below notice of motion application Exh. 6 in R. C. S. No. 5492 of 2000 on 10. 03. 2003 whereby the interim injunction sought for in the said application was refused.

( 2 ) THE Appeal From Order was admitted by this Court on 26. 09. 2003 and rule was issued in Civil Application praying for quashing and setting aside the impugned order and further praying for interim injunction restraining the respondent from using the trade name "sainath" in their trade style.

( 3 ) IT is the case of the appellant / applicant original plaintiff that appellant has filed R. C. S. No. 5492 of 2000 in the City Civil Court at Ahmedabad against the respondent - original defendant for injunction claiming passing off action and also moved notice of motion at Exh. 6 seeking interim injunction restraining the respondent from using the appellants trade name "sainath" or any other similar name.

( 4 ) THE appellant is a Regd. Partnership Firm carrying on business of manufacturing and marketing of Lubricating Oil Pumps, Water Pumps for diesel and petrol vehicles and parts and accessories thereof etc. at Ahme