( 1 ). This is an application filed by the plaintiff under Order 39 Rule I and 2 read with Section 151 CPC. In this application it has been prayed that the respondent through its proprietor or partners, servants, agents, dealers, representatives and all others acting for and on its behalf be restrained from manufacturing, selling, offering for sale advertising, directly and indirectly dealing in parts and fittings of bicycles, cycles parts and other cognate under the trade mark SAINICO or any other trade mark as may be identical with and/or deceptively similar to applicant s registered trade mark SONICO. The application has been opposed by the respondent in their reply to this application.

( 2 ). Mr. Ghiraiya, learned counsel appearing on behalf of the plaintiff submitted that the plaintiff is the registered owner and proprietor of the trade mark SONICO with device of a BUST underregistration No. 234098 dated 9th March, 1966 in class-12 inrespect of bicycle and cycle parts. He furtheer submitted that the plaintiff had adopted the trade mark SONICO with device of BUST in the year 1958 and the aforesaid trade mark SONICO has been continuously used in the course of trade a