ORDER :- By I.A. 968/81, plaintiff in a suit based on allegations of infringement of trademark and of passing off, seeks to restrain the defendant from manufacturing, selling, advertising and offering for sale sewing machines under the trademarks 'Sainik' and 'Harsha'. The defendant opposes the plea for injunction and, by I.A. 1794/81, seeks to have the suit itself stayed u/s.111 of the Trade and Merchandise Marks Act, on the ground of pendency of rectification proceedings in respect of the plaintiff's trademarks.

2. Parties have been manufacturing and marketing sewing machines with the identical trademarks 'Samik' and 'Harsha'. Parties are at variance as to whose user has been earlier in point of time to the other. Parties are, however, agreed that both the parties are registered users of the trademarks, the use and registration of the trademark 'Sainik', in favour of defendant, being confined to the State of Rajasthan, Parties also assail the validity of the registration of each other in respect of both the marks and are agreed that proceedings for rectification, at the instance of both the parties, are pending before the Registrar as also in this Court. It is a common ca