M. Karpagavinayagam, J.

For the Is the word 'ENERJASE' word deceptively similar to the word 'ENERGEX' ? This is the question posed before us.

2. The appellant, Indo-Pharma Pharmaceutical Works Ltd., having its office at Ahmedabad, who is engaged in the business of manufacturing and selling pharmaceutical medicinal preparations, is the plaintiff. The respondent, Citadel Fine Pharmaceuticals Ltd., having its office at Chennai, who is also engaged in the business of manufacturing and selling pharmaceutical medicinal preparations, is the defendant.

3. The appellant filed the suit for permanent injunction restraining the respondent from infringing plaintiff's registered trade mark in respect of infants and invalid foods by use of the offending trade mark "ENERJASE" or any other trade mark which is deceptively or phonetically similar to the plaintiff's trade mark 'ENERJEX'. In the said suit, it is also requested for grant of a permanent injunction restraining the respondent from selling or dealing in food articles as those of the appellant by the use of expression "ENERJASE" or any other trade name deceptively and phonetically similar to those of the appellant's trade name/trade