Rajendra Saxena, J.-This Civil Misc. Appeal challenges the order dated 8-1-1992 passed by the learned District Judge, whereby he allowed plaintiff-respondent’s application filed under Order 39, Rule 1, CPC and restrained the defendant-applicant through a temporary injunction till the Final disposal of the related civil suit from selling the ‘Bidees’ with the photo, design and specialities having deceptive resemblance with the copyright trade mark of the label of ‘Bidees’, manufactured and sold by plaintiff respondent.

2. Briefly the relevant facts are that on 12-11-1991, the respondent firm filed a suit in the Court of learned District Judge, Chum against the appellant firm seeking the relief of perpetual injunction restraining the latter from selling the ‘Bidees’ under a label, which may have a deceptive resemblance with the trade mark of label of ‘Bidees’, manufactured and sold by the respondent firm, which has been registered under the Copyright Act vide registration No. A-39587/83. The respondent-firm averred that the appellant-firm has imitated its registered label of Bidees with an intention to defraud the customers and got printed the label of ‘Battakh Chhap Bidi’, w