( 1 ) THIS is a long drawn battle in a suit for infringement of Registered Trade Mark and Passing Off because the suit filed on 3 is still at the dispute of a stay granted under sec. 111 of the Trade and Merchandise Marks Act 1958 (herein after referred to as the Act ).

( 2 ) THE petitioner The Atul Products Ltd. has got made Mark ATUL registered with the Registrar of Trade Marks. On or about 8-11-1962 the petitioner-Company made three applications. After scrutinising and hearing on various points the applications were granted and the trade marks were registered. All these aspects are mentioned in paragraph 4 and onwards of the petition which I do not propose to discuss in details. Another batch of three applications was given on 1-12-1964 and those applications were accepted and registration was duly granted. Then in paragraph 8 and onwards it has been mentioned that there is a vast market for the products of the petitioner-company and the registered trade mark has become synonymous with the products of the Company and its popularity etc. and also there is mention about various awards etc. having been received by the petitioner-Company for the products of ATUL. T