( 1 ) THIS FAO is directed against an order of dismissal of the application under Order 39, Rules I and 2 read with Section 151, Civil Procedure Code for injunction restraining the respondents from using the registered trade mark PRE/stage or any other deceptively similar trade mark and from committing infringement of appellants registered trade mark prestige during the pendency of the suit.

( 2 ) 2. 1. First, the facts in brief: 2. 2. According to the appellant s case, the trade mark "prestige" was registered under Registration No. 141602 in Class 21 in respect of non-electric cooking utensils, including pressure cookers on 14th December, 1949. On 12th January, 1957 name of the registered proprietor the trade mark was changed to "the Prestige Group Ltd. , Prestige House, 14-18 Holborn London". On 7th March, 1958, appellant No. 1 earlier known as T. T. Pvt. Ltd. was appointed as licensee to use the Trade Mark "prestige", in relation to pressure cookers manufactured and sold in India. It is stated that the appellant No. 1 has been using the trade mark PRESTIGE in India since 1957. On 4th October, 1985, the registered proprietor assigned the trade mark No. 141602