( 1 ) THE application filed in the suit for grant of temporary injunction pending disposal of the suit has been dismissed by learned single Judge holding that the appellant/plaintiff has not been able to prima facie show the territorial as well as pecuniary jurisdiction of this court and, therefore, irrespective of the merits or otherwise of its claim the plaintiff would not be entitled to temporary injunction. As in result of this conclusion the application (I. A. 4465/89) seeking temporary injunction has been dismissed by the impugned order and the order dated 30th June 1989 granting interim injunction in favour of the plaintiff has been vacated. Paras 29 and 30 of the plaint relevant for determining whether prima facie this court has territorial jurisdiction or not read as under:-

"29. The cause of action for the present suit in favour of the plaintiffs and against the defendants arose first of all in the year 1982 when the defendant No. 1 applied for the registration of the trade mark MARSHAL and the plaintiffs served a notice on the defendant No. 1 dated 23. 7. 82. The cause of action again arose when the plaintiffs came to know from the Trade Marks Journal