AMITABH BANERJEE, J.

( 1 ) THIS appeal has been filed by plaintiff-appellant Bata India Limited, against an order dt. 24th Dec. 1983 passed by 1st Additional District Judge, Meerut, refusing the prayer for the grant of a temporary injunction against the defendant-respondents in a passing off action brought by Bata India Limited.

( 2 ) BATA India Limited, hereinafter referred to as the plaintiff Company filed a suit No. 56 of 1983 in the court of District Judge, Meerut against the defendant respondents with the prayer that their servants, employees and agents be restrained from using the mark "batafoam" or otherwise associating the name of bata in any manner or form in advertisements etc. and further restraining them from "passing off" or enabling others to pass off mattresses, sofas, cushion and other articles as and for the plaintiff Companys goods and from selling or offering for sale any articles associating them with the name of bata in any manner or form. Their further prayer was that the defendants and their servants, employees and agents be directed to deliver the infringing labels and marks of bata for destruction. Their further case was that they have achieved a phenomenal

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