( 1 ) THE plaintiff claiming itself to be the registered proprietor of the trade mark "mitaso under No. 404136 in respect of installations for heating, steam generating, cooking, including LPG gas stoves, geysers and electrical household equipments, fans, hot plates, toasters, etc. and parts and fittings thereof, has filed this suit for an injunction restraining the defendants from manufacturing, selling or otherwise dealing with goods item and all other goods under the trade mark "mitaso" or any other trade mark identical and/or deceptively similar to the plaintiff s trade mark "mitaso", which may amount to infringment of the aforesaid trade mark No. 404136.

( 2 ). The case of the plaintiff in short is that it being the proprietor of the registered trade mark "mitaso" and its being first adopter, originator and true owner, is entitled to its exclusive use. It is stated that the plaintiff has given wide publicity to its trade mark "mitaso" and its goods under the aforesaid trade mark connotes and denotes the goods and merchandise of the plaintiff and none else and that its sales are run in several lakhs of rupees. It is further stated that on account of superior q