1. Respondent instituted civil original suit against appellants in the court of learned Principal District Judge Srinagar in which the following reliefs are claimed:-

"a. A decree for rendition of comprehensive and all accounts for the profits made by the defendants infringing the plaintiffs `Registered Trade Marks stated and submitted above.

b. A decree for delivering (delivery-up) of the infringing tools, instruments, labels, material, seals, marks etc used during and in the course of infringing the plaintiffs `Registered Trade Mark.

c. A decree of perpetual injunction restraining the defendants perpetually from infringing the plaintiffs "Registered Trade Marks by any manner or method.

d. Any other relief which this Honble Court deems fit and proper in the facts and circumstances of the case be also passed in favour of the plaintiff and against the defendants."

2. Respondent claimed to be proprietor of the small scale unit namely M/s Haji Bashir Ahmad Bhat and Sons dealing in manufacturing, processing, packing and sale of Tobacco and allied products (Naswar), with its head office located at Jamalata Srinagar. The respondent claimed that the said SSI Unit is registered with various authorities. The further case of the respondent is that he uses various packings for marketing products and packging of the products are significant because consumers of the products are mostly rustic and illiterate people for whom packing getup, which include colors/marks, is the only guide that leads them to the identification of the product. The further claim of the respondent in the suit is that the appellants have been manufacturing, storing and selling inferior quality products in the market, and Marks/packings have been fraudulently tailor made to be deceptively similar to that of Marks/Packings of respondent, and in process appellants are causing immense damage and loss to the respondent. The respondents products are registered under the Trade Mark Act, 1999. The respondent has placed the sample of his product along with the samples of the product of the appellants on the suit record. Along with the suit respondent filed an application for temporary injunction, and initially the learned trial Judge passed an ex-parte ad-interim order. Appellants filed an application seeking vacation of the ex-parte order and after hearing of the parties the learned trial Judge vide its order dated 10th June, 2009 allowed the temporary injunction application of the respondent and appellants were temporarily restrained till disposal of the main suit from using the marks "New Mour Marka", "Green Star Brand", and "Green Star Marks" while manufacturing and marketing their products. It is this order which is under challenge in this civil first miscellaneous appeal.

3. Heard learned counsel for parties. Considered the matter.

4. Ld counsel for appellants Mr. M.A. Qayoom, submitted that the order under appeal is illegal because the ld. trial Judge has failed to consider the contentions raised by the appellants in the application seeking vacation of the ad-interim order. The ld. counsel further submitted that there is no resemblance between the packets as also the Trade Marks of the products being manufactured and sold in the market by the appellants with that of the products manufactured and sold by the respondent. The ld. counsel further submitted that the suit is not maintainable at Srinagar as the respondent has been registered under the Trade Mark Act of 1999 at Delhi. The ld. counsel further submitted that trademark of the appellants are registered with various authorities in the State. Ld. Counsel also submitted that the interim relief which has been granted by ld. trial Judge is beyond the relief sought for in the main suit and the ld. trial Judge could not pass the order impugned in the appeal. The learned counsel further submitted that the respondent, in the suit instituted by the appellants against him, which suit is pending on the files of ld. Sub Judge Municip

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