Manmohan Singh, J.

1. The Plaintiff has filed this suit for permanent injunction restraining infringement of trade mark, passing off, rendition of account, damages etc. against the Defendant. The Plaintiff is a private limited company running its business as manufacturers and dealers of the petroleum products including bitumen and also producers, refiners, stores supplies and distributors of petroleum and petroleum products. The said products of the Plaintiff are being sold throughout India and the Plaintiff is having a good marketing and selling network.

2. It is submitted by the Plaintiff, that it has established its brand "MK" with variation of many marks used as suffix with the main mark "M.K." throughout India for the last more than 22 years. The mark "M.K." is also dominent/essential and key portion of its corporate name. The Plaintiff has mentioned the statement of its net sale from the year 2006 onwards in the plaint. The Plaintiff has also produced the advertisement expenses incurred by the Plaintiff from the year 2005-06 onwards in relation to their products and for promoting the same. M/s. Rishab Petro Chemicals, which is a sister concern of the Plaintiff company,