S. Muralidhar, J. -- An interesting question involving the interpretation of Section 98 of the Trade Marks Act, 1999 (TM Act, 1999), which is a provision similar to the repealed Section 112 of the Trade and Merchandise Marks Act, 1958 (TM Act, 1958), arises for consideration in this petition.

2. The Petitioner holds registrations for the mark ‘Himalayan’ in respect of mineral water falling in Class 32. Copies of three certificates under registration Nos. 630661 [‘Himalayan’ (device of mountain)] dated 10th June 1994, 1078116 [word mark ‘Himalayan’] dated 4th February 2002 and 1078117 [‘Himalayan’ (label)] dated 4th February 2002 issued by the Trade Marks Registry, New Delhi, have been enclosed with this petition. There is one other application (registration No.630647 in Class 32) filed for the word mark `Himalaya Springs (Dadi), which is stated to be pending.

3. The Petitioner filed a suit CS (OS) No.1172 of 2008 in this Court seeking to restrain Respondent No.1 Bisleri International Pvt. Ltd. (BIPL) from using the trade mark ‘Himalayan’ or any other trade mark deceptively similar to it in relation to the Respondent’s goods and services. It is stated that an interim arrangem