(1.) By this order I shall dispose of this application being IA No. 5495/2008 under Order 39 Rules 1 & 2 read with Section 151 CPC.
(2.) The facts of the case are that the plaintiff has filed a suit for permanent injunction restraining passing of, damages and delivery up etc. Plaintiff's case
(3.) The plaintiff is manufacturing and selling pharmaceutical specialities and is in the business for the past 100 years. The plaintiff is the proprietor of the trademark 'SECEF', a medicinal formulation containing cefisime which is sold by the plaintiff in capsule and suspension form.