A suit under Section 120 of the Trade and Merchandise Marks Act, 1958, has a limited scope and object, and cannot be used to stay a suit for infringement of trade mark under Section 10 of the Civil Procedure Code, as the issues in the two suits are not directly and substantially the same.

( 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 proceedings to the appellant alleging that his mark was infringing the respondent s trade mark ARCHIS.

4. 1. The reliefs sought for in the suit pending in the Court-of District Judge, Delhi therein are as under : (i) For a decree for permanent injunction restraining the defendant, his agents, successors and assigns and all others acting for and on behalf of the defendant from issuance of ground less threats for legal proceedings in connection with the use of the plaintiffs trade mark ARJIES label in relation to aluminium door and window fittings. (ii) For an order for damages caused to the plaintiff on account of issuance of groundless threats for legal proceedings. (iii) For an order of declaration that the trade mark ARJIES label of the plaintiff is not identical with or deceptively similar to the trade mark ARCHIS of the defendants and moreover, the plaintiff is the proprietor of the trade mark ARJIES label on account of its honest adoption on 1. 9. 90 and continuous user thereafter. (iv) For an order for cost of proceedings. and (v) For such further order as this Hon ble Court may deem fit and proper in the circumstances and facts of the present suit.

4. 2. This suit pending in the Court of District Judge, Delhi would be referred to as the previous suit.

( 5 ) ON 21. 2. 95, the respondent has filed a suit on the Original Side of the High Court wherein he claims to be owner of the trade mark ARCHIS complaining of its infringement by the appellant having adopted user of the trade mark ARJIES which was phonetically and deceptively similar with the mark of the respondent.

5. 1. The following reliefs are sought for in the suit : (i) For permanent injunction against the defendant, its partners, servants, agents, stockists, dealers and all other persons acting on their behalf from selling or offering for sale or advertising the aluminium door and window fittings or any other goods which are builder s hardware made of ferrous/non ferrous metal under. the trade mark ARJIES amounting to the infringement of the trade mark ARCHIS No. 479648 of the plaintiff. (ii) For permanent injunction against the defendant, its partners, servants, agents, stockists, dealers and all other persons acting on their behalf for selling the aluminium door and window fittings or any other goods which are builder s hardware made of ferrous/non ferrous metal under the trade mark ARJIES amounting to the passing off. (iii) For permanent injunction against the defendant, and its partners from carrying on the business of the manufacturing and selling of the aluminium door and window fittings or any other goods which are builder s hardware made of ferrous/non ferrous metal under the trading style of which ARJIES is the part. (iv) For an order for the rendition of accounts of the profits illegally