( 1 ) PLAINTIFFS have filed this application under order 39 Rule 1 and 2 read with Section 151 Civil Procedure Code, inter alia, praying that plaintiff no. 1 is in the business of manufacturing and marketing of wide range of food preparations for human consumption including soya flour and other food articles made of soya since 1978 and has been selling and marking the said goods under the trade name RUCHI, which it has used along with trade mark nutrela in an artistic label. Plaintiff no. 1 adopted the said trademark in the year 1978 and continuously, commercially and in the course of trade used the said trade mark since then till date as its proprietor and through its licensee being plaintiff no. 2 under licence agreement dated 8/8/1991.

( 2 ) IT was contended before me by Mr. Bansal, learned counsel for the plaintiff that the plaintiff/applicant has been using the said mark in a distinctive label having distinctive artistic features including artistic get up, make up, colour scheme and lettering style. For that plaintiff also holds copyrights under Registration no. A-26732/80. It has been contended by Mr. Bansal that ruchi forms an essential key, distinguished and ma