( 1 ) THIS is an application filed by the plaintiff inter alia for an injunction restraining the defendant from passing off Ganjies which are not of the petitioner's manufacture as and for those of the petitioner and from selling or offering for sale under the trade mark or name "sacha MOTI" Ganjies not of the petitioner's manufacture. The application is also for an injunction restraining the defendant from displaying or causing to be displayed sign boards or posters inscribed with the mark "sacha MOTI" in relation to Ganjies or such other mark which are colourable imitation of the petitioner's trade mark "moti".

( 2 ) THE petitioner who has been carrying on business on an extensive scale as a manufacturer of Hosiery goods including ganjies in India has been selling Ganjies manufactured by it since 1956 under the trade mark or name "moti". The said mark "moti" is embroidered in a particular style in neck labels and stitched to the neck of each Ganjies or Vest. The said label and name is used in the best quality of vests or ganjies produced by the petitioner. According to the petitioner the said mark or name as well as the said get-up in the neck labels as well as