(1.) Learned counsel for the defendants/applicants states, that application under Order 39 Rule 4 CIVIL PROCEDURE CODE being I.As.5723/2001 & 5783/2001 be treated as reply to application under Order 39 Rules 1 & 2 CIVIL PROCEDURE CODE being I-A .5366/2001 .I .A .5783/2001 stands merged in I.A.5723/2001 as the nature of relief in both the applications is identical.
(2.) I.A.5723/2001 is for vacation for ex-parte ad interim injunction whereby applicants/defendants were restrained from using the trade mark CICO, the CICO Jogo as a trade mark or as part of their trade style or as a corporate name.
(3.) The aforesaid ex-parte order was passed on the following representations of the plaintiff:-