Sushil Harkauli, J. - (1.) This misc appeal is against the order of the trial court granting interim injunction restraining the defendants-appellants. The restraint is against using a trade mark deceptively similar to the trade mark "GHARI", in respect of Soap, Detergent powder etc. I have heard learned counsel for both sides at length.
(2.) It is clear from the record that the plaintiffs as well as defendants are using wrappers for the same type of products manufactured by them; and the wrappers are not only deceptively similar but except for an extra careful observer they are identical in respect of design, get-up, colour scheme etc.
(3.) This much of similarity could not possibly by co-incidental. Obviously, either the plaintiffs or the defendants have copied the wrapper including the trade mark. Considering the volume and period of business of the parties discussed below, prima facie the plaintiff would have no motive for such an act.;