JUDGMENT :

M.R. Shah, J.

Present Appeal from Order under Order 43, Rule 1 of the Code of Civil Procedure is preferred by the appellant-original plaintiff challenging the impugned order dated 28.11.2008 passed by the learned Principal District Judge, Ahmedabad (Rural) passed below Exh. 5 in Civil Suit No. 4 of 2008 by which the learned Judge has dismissed the said application Exh. 5 submitted by the appellant-plaintiff for interim injunction restraining the defendants from selling, manufacturing and marketing the product under the trade mark "Domocid" and/or any other trade mark which is deceptively similar or imitation of the appellant's registered trade mark "Ocid" amounting to infringement and passing off the appellant's mark, either directly or through their directors, employees, agents, stockists, distributors, dealers and retailers throughout the Union of India or any part thereof.

2. At the outset it is required to be noted that the plaintiff has filed the suit for infringement of trade mark and for action of passing off. However, Shri Mihir Thakore, learned Senior Advocate appearing on behalf of the appellant has stated at the bar that the appellant is not claiming any relief f