( 1 ) IN these three separate appealss appellants have challenged the legality and validity of the order passed on 8/5/2000. By the said order while issuing notice, returnable on 12/7/2000 learned single Judge restrained the appellants from carrying on any business of salted preparation like Bhujia, Papar and Sweets under the trade name of "haldiram BHUJIAWALA" in any territory of India except in the territory of West Bengal.

( 2 ) FACTS in brief leading to the passing of the impugned order and of filing of appeals are being narrated to the extent to which theyare relevant for the purpose of deciding these appeals. On 10/12/1999 a suit was filed by M/s. Anand kumar Deepak Kumar and another (respondent 1 and 2 in these appeals) against two defendants, who were described as under:-

"1. Haldiram Bhujia Wala 2284, Arya Samaj Road, karol Bagh, new Delhi. 2. Ashok Kumar C/o Haldiram Bhujia Wala 2284, Arya Samaj Road, karol Bagh, new Delhi. "

( 3 ) IN the said suit filed in the Court of district Judge, Delhi decree was claimed against the two defendants restraining them, their partners, servants, agents, dealers, representatives, legal heirs and all others acting for and on their behalf from infringing the trade mark No. 285062 and from using the trade mark/trade name "haldiram BHUJIA WALA" and/or any other name/mark as may be identical and/or deceptively similar to the plaintiff s trade mark/trade name haldiram BHUJIA WALA and from doing any act as is likely to cause confusion and deception amounting to oassing off. The decree was claimed, on the basis of which the plaintiff s having allegedly acquired title to the trade mark/trade name inter alia stating that the four sons of Mool Chand have been duly recorded as joint proprietor of the trade mark HALDIRAM BHUJIA WALA registered under no. 285062: the said mark has been duly renewed and is valid and subsisting; Plaintiff No. 1 is the joint proprietor of the trade mark Haldiram bhujia Wala duly registered under the provisions of Trade and Merchandise Marks Act, 1958: plaintiff No. 2 is also the joint owner of the trade mark in question,therefore, he has been joined as co-plaintiff. In para 7 of the plaint, the immediate case or filing the suit against defendant was stated as under:-

"the defendant No. 1 M/s. Haldiram Bhujiawala 2284, Arya Samaj Road, Karol Bagh, New Delhi, a newly constituted firm intending to start its business for the manufacture and sale of edible articles for human consumption has been constituted/formed by defendant No. 2 mr. Ashok Kumar, son of Smt. Kamla Devi. The true constitution of the defendants is not known to the plaintiff. The defendants are called upon to disclose the true constitution of their firm before the Hon ble Court in the present action. The plaintiff reserves his right to implead the other partners and additional defendants as parties to the present proceedings on discovery of the correct constitution of the defendants firm. "

( 4 ) IT was further alleged that the cause of action for filing the suit had arisen, in the first week of December, 1991 when the plaintiff came to know that a shop under the name of Haldiram Bhujia wala was being opened at Arya Samaj Road, Karol bagh, New Delhi at the instance of or on behalf of defendant No. 2, in violation of the common law and contractual rights of the plaintiffs. It was alleged that the cause of action is a continuous one and continues on day to day basis till the defendants are permanently restrained by permanent injunction. It was stated that the court has territorial jurisdiction to entertain and try the suit as the cause of action had arisen at Delhi and the defendants were residing and working for gain within the territorial Jurisdiction of the courts at Delhi.

( 5 ) ON the same day on which the suit was instituted Shri Mahinder Pal, Additional District judge, Delhi passed an ex parte order of injunction restraining Haldiram Bhujiawala , 2284, arya Samaj Road, Harol Bagh, New Delhi