JUDGMENT

D.P. Mohapatra, J.-Leave granted.

2. The interim order passed by the learned single Judge of the Bombay High Court injuncting the defendant from using the name "Mahendra & Mahendra" in his business establishment, which order was confirmed by the Division Bench of the Court, is under challenge in this appeal filed by the defendant.

3. Mahindra & Mahindra Ltd., the respondent herein, instituted a Suit No.4007 of 1998 in the Bombay High Court seeking a decree of permanent injunction against Mahendra & Mahendra Paper Mills Ltd., the appellant herein, restraining it from using in any manner as a part of its corporate name or trading style the words "Mahendra & Mahendra" or any word which is deceptively similar to "Mahindra" and/or Mahindra & Mahindra". In the said suit the plaintiff filed an application seeking an interim order of injunction against the defendant on similar terms.

4. The case of the plaintiff, sans unnecessary details, is that it is a Company incorporated and registered under the Indian Companies Act, 1913 and is an existing company under the Companies Act, 1956. It was incorporated in October, 1945 with the name "Mahendra and Mohammed Ltd.", which was subseque