ORDER :

1. Appeal admitted. Notice made returnable forthwith. Respondents waive service through counsel.

2. By consent, appeal called out and heard.

3. This appeal, is directed against an ad-interim order granted by the learned Single Judge retraining the appellant from using the trade mark "MICRODINE" of which the Respondent is the registered proprietor from the year 1982 when it was registered.

4. Learned counsel for the Appellant (original Defendant) raises the following contentions :-

(a) That the trade mark "MICRODINE" in respect of specified pharmaceutical products has been used from the year 1992, as evidenced by the invoices placed on record. On the other hand, the Respondent has not been able to show that there has been any use or attempt to use the trade mark "MICRODINE" by the Respondent at any time prior to the year 1998.

(b) There is honest concurrent user of the trade mark by the Appellant and, as such, the Appellant is entitled to get registered u/s 12(3) of the Trade and Merchandise Marks Act, 1958. This gives a right to the Appellant to oppose any relief being asked for in the suit by reason of conjoint reading of Section 17(3) and Section 30(1)(d) of the Act.

(c) The App