( 1 ) I have heard arguments for deciding these two applications, one moved by the plaintiff seeking interim injunction till the disposal of the suit and the other moved by the defendants seeking vacation of the exparte interim injunction granted by this Court.

( 2 ) FACTS leading to the filing of these two applications, in brief, are that in the year 1888, one Seth Pestunji Edulji Poison had started business of selling coffee in Bombay and in 1900, he started using the trade mark polson which was part of his name for selling coffee. Subsequently, he expanded his business and in about 1915 he had started marketing and selling butter, cheese, flour, etc. besides coffee under the said trade mark polson . It is the case of the plaintiff that the brand polson became immensely popular due to its high quality goods. polson rather became synonymous with quality butter being marketed under the said name in the minds of the people. In about 1930, he had developed a modern dairy at Anand (Gujarat) by the name of Poison Model Dairy which inter-alia produced butter under mechanised process. In the year 1938, Polson Private Limited was incorporated to further expand the b