O R A L O R D E R :

1. By this Interim Application, the Applicant / Plaintiff is seeking an order of injunction restraining Defendant No. 1 by itself and through its affiliates, directors, employees, agents, distributors, retailers, dealers, manufacturers, stockists and / or otherwise from using in any manner the impugned trademarks 'Daiwa Pharmaceuticals Pvt. Ltd', 'Daiwa Pharma', and / or ‘ ’ and / or impugned domain name and/or any other word or mark, device or expression or symbol which is/are identical with and / or deceptively and/or confusingly similar to, in any manner whatsoever, the Applicant's said mark 'DAIWA', or the Applicant's other marks comprising DAIWA as their essential and prominent feature as so to pass-off its impugned identical and/or similar goods i.e. pharmaceuticals and medicinal preparations as and for that of the Applicant.

2. Further, ancillary relief is sought including in prayer Clause (d) which is to restrain Defendant No.1 from offering goods through the impugned domain name and from transferring or alienating in any manner dealing with the impugned domain name.

It would be necessary to refer to relevant facts which have led to be filing of the above S