M.M. Sundresh, J.

1. This original side appeal has been preferred by the appellant being aggrieved against the order of the learned single Judge in dismissing the application filed for interim injunction pending suit in O.A.30 of 2012 in C.S.No.19 of 2012 on the ground of infringement of a registered trade mark.

2. The facts in brief:

2.1. The appellant was a company incorporated under the Companies Act in the year 1992. An agreement followed by an undertaking was entered into between the appellant and M/s Mano Pharmaceuticals Private Limited in the year 2003. The said M/s Mano Pharmaceuticals Private Limited has filed an application under the Trade Marks Act, 1999 ( hereinafter referred to as "the Act") for registration of trade mark "METO". TM-16 was filed in the name of Mano Pharma (a Division of Orchid Chemicals and Pharmaceuticals Limited) on 24.02.2003. A registration certificate for trade mark "METO" was issued in No.321616.

2.2. The respondent/defendant is said to have adopted the trade mark "METOX". Both the products of the appellant and the respondent are pharmaceutical products meant for the same ailment. A notice was issued by the appellant on 05.04.2011 re