PINAKI CHANDRA GHOSE, J.

( 1 ) THE appeal being A. P. 0. T. No. 32 of 2006 was filed by the appellant/petitioner Modern Food Industries (I) Limited (hereinafter referred to as the said company) from an order dated 14th november, 2005 passed by the Hon'ble First Court. Similarly, the appeal being A. P. O. T. No. 39 of 2006 was filed by M/s. Modern Bakery and Others (hereinafter referred to as the said firm and its partners ). Both the appeals were directed against an order dated 14th November, 2005 passed by the hon'ble First Court.

( 2 ) WE have heard the learned senior Advocates for the parties.

( 3 ) FACTS of the case briefly are as follows: the said company is a public sector undertaking under the administrative control of the Ministry of Agriculture/ministry of Food Processing Industries under the Government of India. The said company was incorporated in the year 1965. The production had commenced in the year 1968.

( 4 ) THE case of the said company that the bread produced by the said company has been sold since its inception under the trademark "modern". The said company is the registered proprietor of the said trademark "modern" in respect of "all types of bread" under th

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