( 1 ) AT the outset, I may mention that Counsel for defendant has stated that the application filed under Order 39 Rule 4 Civil Procedure Code , by the defendant be treated as a reply to the application filed by the plaintiff (I. A. 3445/91) and both the applications may be disposed of together.

( 2 ) I have heard arguments for deciding these two applications.

( 3 ) PLAINTIFF has instituted the present suit seeking permanent injunction restraining the defendant from manufacturing selling, offering for sale, advertising and displaying directly or indirectly dealing in biscuits and other allied goods under the trade mark "royalty" logo, packing labels or any other trade mark or packing label identical with or deceptively similar to the plaintiff s trade mark "royal" logo and its label and for other reliefs flowing from the same cause of action. The case set up by the plaintiff, in brief, is that plaintiff company is the proprietor of trade mark "royal" on account of its adoption and continuous user since 1982 in respect of manufacture and sale of biscuits. The plaintiff also claims to be the owner and proprietor of "royal" labels being used by the plaintiff for the purpose