ORDER

1. The appellants are well-known manufacturers of bicycles and bicycle parts. As per the counter-affidavit of the respondent, the total sales of the appellants for the year 1993-94 were to the tune of Rs. 41,715.10 lakhs and their expenditure on advertisements alone for the year was Rs. 384.31 lakhs. The appellants have a registered trade mark bearing their initials TI in two concentric circles. It is registered in the year 1972 and the registration is still in force. The trade mark is registered for goods in Class 12 for bicycles and its parts and fittings including free wheel clutches for land vehicles, hubs, saddles, rims, tyres, tubes, stands for cycles, saddle carriers for cycles, gears for cycles, bells for cycles and pumps for cycles - all these goods being included in Class 12.

2. The respondent is a small manufacturer. He set up his business in the year 1976 in Jodhpur and his sales for the year 1995-96 were amounting to Rs. 12,50,717 and his expenditure on advertisements for that year was Rs. 71,000. The respondent uses a mark TI in a circle in all his goods. The respondent manufactures saddle covers on which he uses this mark. An examination of the mark used by the