( 1 ) THE Plaintiffs-Appellants, Nestle s Products Limited, instituted a suit on 23-11-1971 and also filed an application under Order 39 Rules 1 and 2 and S. 151 of the Code of Civil Procedure for a temporary injunction against the defendants (Messrs Milkmade Corporation and Anr ). Shankar Lal (defendant No. 2) is supposed to be carrying on the business of the first defendant either alone or in association with other persons in the following circumstances.

( 2 ) PLAINTIFF No. 1 is Nestle s Products Limited, a company registered under the laws of the Bahama Islands and the second Plaintiff, Nestle s Products (India) Limited though registered under the laws of the Bahama Islands has its principal place of business in India at New Delhi.

( 3 ) PLAINTIFF No. 1 is the registered proprietor of the following among other trade marks registered in India in respect of goods mentioned in class 29 of the classified list of goods in the Fourth Schedule of the Trade and Merchandise Marks Rules :

(1) Trade Mark consisting of a figure representing a milkmaid and the words "milkmaid brand". (2) Trade Marks consisting of the transcription of the English word milkmaid in Tamil, Tel