K.A. Puj, J.—The appellant-Original Plaintiff has filed this Appeal From Order under Order 43 Rule 1(r) of the Civil Procedure Code challenging the order dated 25.10. 2007 passed in the application Exh.6/7 filed in Regular Civil Suit No. 2201 of 2007 by the learned (Auxi.) Chamber Judge, City Civil Court, Ahmedabad, thereby dismissing the application for temporary injunction.

2. Mr. Y.J. Trivedi, learned Advocate along with Senior Counsel Mr. Mihir Joshi appears on behalf of the appellant and Mr. Pranav G. Desai appears on Caveat alongwith Senior Counsel Mr. Mihir, J. Thakore on behalf of respondent. With the request of the parties, this Appeal is taken up for final hearing.

3. It is the case of the appellant that the appellant is a Company incorporated under the Companies Act, 1956 and engaged in the business of manufacturing and marketing pharmaceutical products and some prominent products of the appellant company are;

1. MOOV a pain reliever ointment

2. Stopache- ache reliever tablets

3. Itchguard - a itch reliever ointment, amongst others.

4. All the products of the appellant-Company are quite popular and widely accepted in the market and all the products are such popular th