1. The issue to be decided in the above Notice of Motion is whether the defendants by using the trade mark "ULTRA TUFF" are guilty of infringing the plaintiff's trade mark "ULTRATECH CEMENT The Engineer's Choice" and/or are guilty of passing off their goods as that of the plaintiff.

2. Briefly set out hereinbelow are the relevant facts in the matter.

3. The plaintiff is a company carrying on the business, inter alia, in the field of manufacturing and marketing of `Cement' and other allied products. The first defendant is a private limited company carrying on the business of goods, inter alia, Cement and building materials. The second defendant is a sole proprietary concern operating as a licensee of the first defendant and carrying on business of goods, inter alia, of cement products.

4. The plaintiff is the registered proprietor of trade mark "ULTRATECH CEMENT The Engineer's Choice" registered under number 1326528 in respect of `cement of all types, building materials (nonmetallic), nonmetallic rigid pipes for building, asphalt, pitch and bitumen, non-metallic transportable building, monuments, not of metal" specified in Class-19 of the Fourth Schedule of the Trade Mar