( 1 ) THE defendant has come up inappeal feeling aggrieved by the order dated 20. 2. 96 passed by a learned Single Judge of this Court rejecting the defendant s application under Section 10 of the Civil Procedure Code seeking stay of the suit (S. No. 458/95) pending on the Original Side of the High Court until the previously instituted suit filed by the defendant (as plaintiff) in the District Court was decided.

( 2 ) FOR the sake of convenience the parties shall be referred to herein as appellant and respondent only and as they are arrayed in this appeal.

( 3 ) THE dispute relates to trade mark. The mark of the appellant is ARJIES. The mark of the respondent is ARCHIS. It is being claimed in respect of aluminium door and window fittings.

( 4 ) ON 13th December, 1994, the appellant has filed in the Court of District Judge, Delhi a suit under Section 120 of the Trade and Merchandise Marks Act, 1958 for damages and for restraining groundless threats of legal proceedings. It is alleged therein that the appellant was the proprietor of ARJIES label having widely advertised and used the same as trade mark. The respondent was issuing groundless threats for legal proceeding