Bhaskar Bhattacharya, J.:

Both the appeals, one filed by the plaintiff and the other by the defendant, were taken up together and we propose to dispose those two appeals by this common judgement.

The APO No.248 of 2008 is at the instance of a plaintiff in a suit alleging violation of registered trademark and also complaining passing off and is directed against an order dated 26th August, 2008 passed by a learned Single Judge of this Court by which His Lordship modified the earlier interim order granted ex parte in favour of the plaintiff.

Being dissatisfied, the plaintiff has come up with the present appeal. The defendant, on the other hand, is aggrieved by the modified part of injunction granted by the learned Trial Judge and has filed the other appeal being APOT No.355 of 2008 thereby praying for dismissal of the application for temporary injunction in its entirety.

The facts giving rise to filing of these appeals may be summed up thus: The plaintiff/appellant filed a suit being C.S. No.204 of 2007 before the leaned Single Judge of this Court thereby praying for the following relief:

“(a) Declaration that the defendant its servants, agents are not entitled to use t