SANKAR PRASAD MITRA, J.

( 1 ) THIS is an application for stay of all proceedings in Suit No. 1283 of 1964, pending the hearing and final disposal of an application to the Registrar of Trade Marks at the Calcutta Office of the Trade Marks Registry. The respondent No. 1 which is the plaintiff in the said suit has instituted the suit against the petitioner and other defendants praying for perpetual injunction restraining the defendants from infringing the plaintiff's registered trade mark consisting of the word " Formica " and from passing off goods which are not the plaintiffs goods as and for the plaintiff's goods and for other reliefs. The petitioner manufactures and sells goods by or under the mark " Sunmica "'.

( 2 ) THE plaintiff's mark has been registered in Clause 19 in respect of non-metallic laminated material for use in building and construction. The said suit being Suit No. 1283 of 1964 was instituted on the 13th July. 1964, Prior in the institution of the suit the petitioner on the 14th June, 1963, filed in the office of the Trade Mark Registry at Calcutta an application for the rectification of the register of trade? marks by the removal of the plaintiff's registered t

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