1. Theparties to the Suit are Companies incorporated by two Groups of the family of one Mohanlal Dayal Chauhan who have been carrying on business in the name of “Parle” as a part of their corporate name in respect of products for which each has obtained registered trademarks, inter alia, for the word “Parle” singly or in conjunction with other words.Whereas the Plaintiff carries on business of biscuits and confectioneries in their corporate name, the other group of family of Mohanlal Dayal Chauhan carrying on business of beverages has diversified also into the business of confectioneries which are manufactured and marketed by the Defendant. It is the Plaintiff's case that the two groups of the family of Mohanlal Dayal Chauha n hailing from Vile Parle were to carry on distinct and separate fields of activities being biscuits and confectioneries on the one hand and beverages on the other and, therefore, neither can trample upon the field of business activity of another so as to use any trade name or market any product which would be similar to the registered trade marks of that other.

2. Several facts are admitted between the parties and require to be noted at the inception