K.K.SASIDHARAN, J.

These two original side appeals are directed against the common order dated 37. 2009 in O.A. Nos. 428 & 429 of 2009 in C.S.No.372 of 2009 whereby and whereunder the application filed by the appellant for an order of interlocutory injunction during the pendency of the Civil Suit was dismissed.

2. The appellant filed a suit in C.S.No.372 of 2009 against the respondents for the following reliefs:-

(i) For a permanent injunction, restraining the defendants, their partners, servants, agents, men or any one claiming through them from in any manner infringing the registered trade/service mark of the plaintiff viz., "WITCO" in any form deceptively similar to the business name of the plaintiff.

(ii) For a permanent injunction restraining the defendants their partners, servants, agents, men, or anyone claiming through them from marketing, distributing, offering, advertising or using the Mark "NITCO" in any form or variation in English language and or any other vernacular language with or without tag-line "The luggage Expert" or similar surrounding names or any other mark deceptively similar to the plaintiffs mark "WITCO" with identical colour scheme, get up and