( 1 ) THE plaintiff has brought this suit under Sections 105 and 106 of the Trade and Merchandise Marks Act, 1958 as well as under Section 51 of the Indian Copyright Act, 1957 seeking the relief of permanent injunction and rendition of accounts. The case disclosed in the plaint is that the plaintiff is the proprietor of the trade mark hariyali LABEL in relation to rice which was adopted on 1. 4. 1993 and has been continuously in use thereafter. It is averred that in order to acquire statutory rights for the trade mark HARIYALI LABEL, an application in Clause 30 of the Trade and Merchandise Marks Act, 1958 was filed on 9. 8. 1996 and this application is still pending. It is further averred that the plaintiff is the proprietor in the artistic feature of HARIYALI LABEL and that she holds its copyright. An application for registration under Section 45 (1) of the Copyright Act was filed by her on 22. 2. 1999 and No Objection Certificate was granted by Registrar, Trade Marks on 7. 7. 1999. Since the plaint is dated 16. 7. 1999 it is obvious that this Certificate is springboard for the litigation. It is further averred that the trade mark HARIYALI LABEL has become distinct