A. Ramamurthi, J.

The applicants/plaintiffs filed the application under Clause 12 of the Letters Patent to grant leave to sue the respondent in this Court.

2. The case in brief is as follows:

The applicants filed a suit against the respondent for perpetual order and injunction restraining the respondent and their men from infringing the first applicant's registered trade mark FESOVIT by manufacturing, selling, distributing or offering tablets, pharmaceutical preparations bearing the trade mark FEVORIT or any mark similar to the trade mark of the applicant and also from passing off and enabling others to pass off the respondent's goods as that of the applicants. The first applicant is a Company incorporated in United Kingdom and is a leading manufacturer of pharmaceutical products. It has registered several trade marks in India and all over the World. The second applicant is the Associate Company of the first applicant. The first applicant is the proprietor of trade mark FESOVIT registered in clause 5 in respect of pharmaceutical, veterinary and sanitary preparations and substances. The registration is valid upto 27.7.2006. The first applicant has entered into an User Agree