1. In the present Notice of Motion the plaintiffs have prayed for an order and injunction restraining the defendant from in any manner using in relation to any business of manufacturing and selling or dealing in eatables the trading name "BADEMIYAN" or any other trading name consisting of the word "BADEMIYA" written in any script or the impugned trademark and the impugned logo mark as appearing in the photograph Exhibit-H to the plaint, or any other deceptively similar mark so as to infringe the plaintiffs registered trademark bearing number 641759 in Class-29 and the plaintiffs' registered trademark bearing number 1738175 in Class-42 and to further restrain the defendant from passing off their goods and/or services as those of the plaintiffs. By consent of the parties the Notice of Motion is at the ad-interim stage taken up for final hearing.

2. The plaintiff no.1 is a partnership firm of which the plaintiff nos.2 to 5 are partners. In the year 1947 Mohamed Yasin Nane Miyan, the father of the plaintiff nos.2 to 5 commenced the business of making and selling preparations of `Seekh Kababs' The Seekh Kababs were sold at a stall behind Hotel Taj Mahal at Coloba, Mumbai. The