By this Appeal from Order, the appellant (original defendant) has impugned the order dated 8th June, 2016 passed by the learned District Judge 3, Malegaon allowing the application filed by the respondent (original plaintiff) i.e. Ex.5 in Trade Mark Suit No.01 of 2015 thereby restraining the defendant from manufacturing, trading, offering or dealing in his product Sanala Lime Plaster under the name of 'SUPER MOR CHHAP' which is deceptively and phonetically similar to that of the plaintiff till the decision of the suit. The learned trial judge however made it clear that the defendant would be at liberty to manufacture and sale the said product by using any other different trade mark. The parties described in this order are described as they were described in the proceedings before the learned trial judge. Some of the relevant facts for deciding this appeal are as under:-

2. The plaintiff is the owner of the and proprietor of the trade mark of 'MOR CHHAP' under the provisions of the Trade and Merchandise Act bearing Certificate No.205389 which is valid upto 24th April, 2015. It was the case of the plaintiff that the plaintiff has been carrying on an established business as ma