( 1 ) THE Court: Having heard Mr. Gautam Chakraborty, learned senior counsel, assisted by Mr. R. Bachawat, learned counsel appearing for the plaintiffs-petitioners and Mr. S. Sarker learned counsel along with Mr. Utpal Bose learned counsel for respondent-defendants and in the view formed by this Court, only certain relevant facts need to be stated. They are.

( 2 ) THE first plaintiff claims to be the proprietor in India of inter alia the trade mark GLUCON-D registered under No. 304644 in class 30 and application for registration of the label in which the goods under the trade mark GLUCON-D were sold is pending with the Registrar of Trademarks including the application for recordal of the first plaintiff as the subsequent proprietor of the aforesaid trademarks are pending with the Registrar of Trademarks as also application for registration of present labels for the goods sold under trademark GLUCON-D are pending with the Registrar of Trademarks. The same trademark is claimed to have been assigned to the first plaintiff by Glaxo India along with goodwill of the business in which the mark was used by deed of assignment dated September 30, 1994. It is