JUDGMENT :

Mukundakam Sharma, J.

These appeals are directed against the order passed by the learned Single Judge on 11th September, 2003 whereby the learned Single Judge partly allowed the petitions registered as CM (Main) No. 303/93 and CM (Main) No. 313/96 and has dismissed CM (M) No. 327/93.

2. Respondent No. 1, Sant Ram & Company obtained registration of the trademark KOHINOOR under trademark registration No. 274996 in respect of rice in class 30 on September 15, 1971

3. The appellant M/s Satnam Overseas claims that they adopted the trade mark KOHINOOR in respect of rice in July 1979. In July 1985, they applied for registration of the trade mark KOHINOOR vide application No. 372700 in respect of rice included in class 30 for sales in India. The said trade mark was advertised in Trade Mark Journal in 1985. Another application was filed by the appellant for registration of the trade mark KOHINOOR in respect of rice for export included in class 30 on 3rd July, 1985. The said trade mark was published in Trade Mark Journal on 11th October, 1989. The respondent filed objections and opposed the registration of the trade mark KOHINOOR by the appellant.

4. The appellant also filed a rectific