D. P. DESAI, M. P. THAKKAR, J.

( 1 ) ONE will have to reflect a great deal before saying What is in a name ? for everything centers around a name (Cibatul ? Simatul ?) in the battle between two business houses giving rise to the present appeal. And the question debated before the Court is as to whether the trial Court was right in holding that the name Simatul Chemical Industries Pvt. Ltd. under which the appellant defendant is doing business is so deceptively similar to the name of the respondent plaintiff Cibatul Limited that the public at large and the consumers are likely to be deceived into believing that they are dealing with the same Company or Companies having some connection or association with each other and that in order to protect the plaintiff Company from its goodwill being invaded and in order to prevent confusion among the public at large and consumers it was necessary to restrain the defendant Company from carrying on business under any name and style comprising the words Simatul or Cibatul or any other word comprising the plaintiffs name and style so as to represent or induce into believing that the defendant Company is the same as the plaintiff Company or that the

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