( 1 ) BY this order I will decide issues NOS. I, IA, Sand 3 which have been treated as preliminary issues.

( 2 ) THE suit for permanent injunction restraining infringement of two registered designs, passing off and for rendition of accounts. The plaintiff is the manufacturer of "mini bike tricycle". It got the design registered in respect of this mini bike under the provisions of the Designs Act, 1911 (for short the Act ) under registration No. 144635. The seat of the mini bike was also got registered under the said Act Under registration No. 144636. The plaintiff has alleged that defendant No. I is also engaged in the manufacture of tricycles and defendant No. 2 is engaged in marketing of the tricycles manufactured by defendant No. 1. It was in the month of March 1982 that the plaintiff came to know that defendant No. I, without the consent, permission or licence of the plaintiff, had introduced into the market mini bike tricycle with an identical and/or substantially identical design. The plaintiff alleged that the defendants deliberately infringed and contravened the copyright of the plaintiff in its registered designs". Then, there are, allegations in the pla