JUDGMENT - S.J. VAZIFDAR, J.:---As the order in each of the Notices of Motion require to be prefaced with the facts, it would be convenient to deal with them by a common order.

2. Notice of Motion No. 2884 of 2001 was taken out by the plaintiff for interim reliefs.

The defendant took out Notice of Motion No. 309 of 2002 for dismissal of the suit on the ground that this Court has no territorial jurisdiction and for an order returning the plaint under Order 7, Rule 10 of the Code of Civil Procedure. In this Notice of Motion the defendant has also prayed that the plaintiff be refused leave under Clause XIV of the Letters Patent. The defendant is at liberty to urge this contention in the plaintiff's application for leave under Clause XIV of the Letters Patent.

Notice of Motion No. 315 of 2002 has also been taken out by the defendant to vacate the ad interim order dated 27th November, 2001 passed by this Court. However, as Notice of Motion No. 2884 of 2001 is being finally heard it is not necessary to decide this Notice of Motion.

The defendant has also taken out Notice of Motion No. 316 of 2002 praying for dismissal of the suit under Order 7, Rule 11 read with section 151 of the Code of Civil Procedure on the ground that the plaint discloses no cause of action against the defendant.

3. The plaintiff filed the suit to restrain the defendant by a perpetual order of injunction from using the impugned label "Utkarsh" and/or any other label containing the artistic work, design, lay out, colour scheme, schematic arrangements and get up which is alleged to be an imitation and/or colourable imitation of the artistic work, design, lay out, colour scheme, schematic arrangements and get up contained in the plaintiff's label so as to infringe the plaintiff's copyright contained in the label "Utsav" registered under the Copyright Act. The plaintiff has also sought to restrain the defendant from passing off its goods as those of the plaintiffs by using the impugned trade mark and label of "Utkarsh" and/or any other deceptively similar mark or label to the plaintiff's mark "Utsav" and/or "Utsav" label. Further the plaintiff also seeks to restrain the defendant from using in relation to plaint and other allied goods including distemper, the impugned "Utkarsh" label and/or any other mark or label identical with and/or deceptively similar to the plaintiff's "Utsav" mark so as to infringe when registered the plaintiff's "Utsav" label pending an Application No. 588219 dated 8th January, 1993. Finally the plaintiff has claimed damages and delivery of all the material bearing the impugned mark under the order of this Court. Notice of Motion No. 2884 of 2001 is for interim reliefs in terms of the aforesaid substantive reliefs.

4. The plaintiff is engaged in the business of manufacturing and/or marketing paints and colouring matter.

5. In 1992, the plaintiff adopted and commenced the use of the trade mark consisting of the word "Utsav" in relation to synthetic distemper, which is a kind of paint. The plaintiff got prepared from an artist Ms. Usha Inamar a label containing original artistic work and published the same. I shall describe the art works of the plaintiff and the defendant later when I deal with the question of infringement.

6. After filing the suit, the plaintiffs applied for leave under Clause XIV of the Letters Patent to join several causes of action relating to infringement of trade mark, passing of and infringement of copyright. That application is pending. It is not necessary therefore at present to deal with the plaintiff's case of infringement of its trade mark (when registered) and passing off as leave under Clause XIV of the Letters Patent has not yet been obtained by the plaintiffs. Mr. Ravi Kadam, the learned Counsel appearing on behalf of the plaintiff has therefore confined his arguments to the case of infringement of copyright.

7. This brings me to the Notice of Motion Nos. 309 and 316 of 2002 taken out by the defendant. Mr. Vodital,

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