Judgment

Tarun Chatterjee, J. —

1.The present appeals are filed at the instance of the appellants against the Judgment and final Order dated 18th of April, 2002 passed by the High Court of Madras in O.S.A. Nos. 149 & 150 of 2002 whereby the Division Bench of the High Court had dismissed the appeals of the appellants.

2.The brief facts leading to the filing of these appeals may be narrated as under :

3.The appellants are engaged in the business of manufacturing and selling Banana Chips and had adopted the trade mark A-ONE with respect to the said Banana Chips in 1986. The appellants had applied for an application for registration of the trade mark A-ONE before the Trade Mark Registry at Chennai on 6th of December, 1999 with respect to the said Banana chips. The application of the appellants for registration of the trademark is still pending.

4.On 7th of February, 2000, the respondent filed O.S.No.1 of 2000 on the file of the District Judge at Coimbatore against the appellants, seeking an injunction restraining the appellants from passing off their goods using the trade mark A-ONE. The said suit was dismissed by the District Judge at Coimbatore on 23rd of December, 2001.

5.The respondent