( 1 ) IN the suit for perpetual injunction, seeking to restrain the defendant from using the trading style to read as PATEL FIELD MARSHAL AGENCIES as well as PATEL FIELD MARSHAL INDUSTRIES containing the whole trade mark FIELD MARSHAL of the plaintiff for marketing their goods of the same kind and description as those of the plaintiffs and for rendition of accounts of profit earned by the defendants, the plaintiff by this IA seeks to restrain the defendant from using logo PFMA and PFMI which may be identical and/or deceptively similar to the registered trade mark of the plaintiff and from using and/or trading under the name and style to read as "patel FIELD MARSHAL AGENCIES" and "patel FIELD MARSHAL INDUSTRIES" pending hearing and disposal of the suit.

( 2 ) BY order dated 30. 6. 1989, the defendants have been restrained from adopting the plaintiff s registered trade mark "field MARSHAL" as the trading mark for their proposed company. The defendant filed rely t6 the IA and resisted the claim of the plaintiff for the grant of ad interim injunction.

( 3 ) I would like to deal with two submissions advanced by the defendant, the acceptance, if any, of any one, pale the