JUDGMENT - Dr. CHANDRACHUD D.Y., J.:---In a suit founded on an action for passing off and infringement. Mr. Justice S.A. Bobde, by an interim order dated 28th April, 2003, (Court Receiver, High Court, Bombay v. R.R. Ommerbhoy Pvt. Ltd.)1, reported in 2003(5) Bom.C.R. (O.O.C.J.)501 granted the reliefs prayed for in the plaintiffs Notice of Motion. The first defendant is in appeal.

2. Ahmed Oomerbhoy was a partnership firm which carried on the business of manufacturing and selling edible oil. The firm owned and used trade marks in the course of its trade including the two which formed the subject matter of dispute before the learned Single Judge. "MASTAAN" AND "POSTMAN". Since 1958, the firm manufactured and sold mustard oil under the brand name MASTAAN with and the label, device or logo of what is described as a "turbaned rustic man with a moustache". On 15th November, 1966, the trade mark "MASTAAN" together with the label and device was registered in Class 29 of the Rules under the Trade and Merchandise Marks Act, 1958. The annual sale of mustard oil of this trade mark increased from Rs. 1.43 crores in 1990-91 to Rs. 9.45 crores in 1999-2000.

3. Since 1949, refined groundnut oil was

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