( 1 ) BOTH these appeals have been placed before this Full Bench in view of the order dated 19. 6. 2002 of a Division Bench of this Court referring the appeals for consideration and decision before the Larger Bench in view of the vide impact of the questions about interpretation of Section 100a of the Code of Civil Procedure and about maintainability of appeal under sub-section (5) of Section 109 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as "the Act" or "the TM Act") against the decision made by a learned Single Judge of this Court under sub-sections (2) and (4) of Section 109 of the Act.

( 2 ) OJ Appeal No. 53 of 1998 is filed against the judgment and order dated 22. 6. 1998 rendered by a learned Single Judge of this Court in an appeal under Section 109 (2) and (4) of the Act by which the learned Single Judge allowed the appeal and set aside the order dated 22. 12. 1995 granting the review application filed by Nasik Hing Supplying Co. (the appellant before us ). ANNAPURNA Udyog Bhandar (hereinafter referred to as "annapurna Udyog") had filed an application for registering the word "annapurna" as the trade mark. On publication of the notice