G.RAJASURIA, J. - (1.) The long and the short of the relevant facts absolutely necessary and germane for the disposal of this application would run thus: (i) The applicant, as plaintiff, has filed the suit seeking the following reliefs: "(a) to grant a perpetual injunction restraining the defendants, their men, servants, agents, executors, assigns or, any one claiming through or under them from in any manner manufacturing any/or marketing IMFS, In particular Brandy, under the trade mark "Brihan's Gold Napoleon' or under any other trade mark which is identical with or deceptively similar to the plaintiffs trade mark Imperial's 'Gold Napoleon' so as to pass off the defendants' goods as and for that of the plaintiffs or in any other manner whatsoever; (b) to direct the defendants to surrender to plaintiff for destruction of all bottles, labels, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark "Brihan's Gold Napoleon' or any other trade mark which is identical with or deceptively similar to the plaintiffs trade mark Imperial's 'Gold Napoleon'; (c) to direct the defendants to pay to the plaintiff a sum of Rs.1 crore as special damages for the loss inflicted upon the plaintiff by the adoption of identical trademark 'Gold Napoleon' in respect of Brandy." (ii) The same applicant filed this application with the following prayer. "to grant an ad-interim injunction restraining the respondents, their men, servants, agents, executors, assigns, or any one claiming through or under them' from in any manner manufacturing and/or marketing IMPS, in particular Brandy, under the trade mark 'Brihan's Gold Napoleon' or under any other trade mark which is identical with or deceptively similar to the Applicant's trade mark Imperial's 'Gold Napoleon' so as to pass off the respondents' goods as and for that of the applicant's or in any other manner whatsoever, pending disposal of the suit." (iii) The respondents/defendants filed the counter, refuting and challenging, Impugning and disputing the genuineness of the averments/allegations in the affidavit accompanying the application as well as in the plaint.
(2.) For convenience sake, the parties are referred to bfre under according to their litigative status and ranking in the suit.
(3.) Heard both sides.;