Ravi Nandan Sahay, J.

1. This appeal arises from the order of the District judge, Patna dated 8.7.1996 whereby learned District Judge granted interim injunction on the prayer of the plaintiff-respondent and restrained the defendant-appellant till disposal of the suit from- printing the magazine vikaspuram Times under this title which it is using at present in which the word vikaspuram is in small letters and Times is in very bold letters and the order further restrained the appellants from using the words Times group of Companies till the disposal of the suit.

2. The suit is under section 105 of the Trade and Merchandise Marks Act, 1958 for permanent injunction restraining infringement of trade mark, passing of rendition of account of profits, delivery up, etc. The plaintiff is incorporated under the Indian Companies act, 1956, and is Indias largest publication house engaged in publication business since 1838 and is also engaged in publishing many Newspapers and magazines and the word Times has been used by the plaintiff exclusively and continuously as the key essential and distinguishing feature of title, trade marks on all its leading newspapers. The appellant (defendant