( 1 ) THIS appeal is directed against the judgment and order dated 11-2-2000 passed by the City Civil Judge, Ahmedabad, -below Exh. 5/6 in Notice of Motion in Civil Suit No. 1952 of 1999, whereby the defendants- appellants were restrained from manufacturing and marketing their products i. e. flour mills (Ghar Ghanti) by using the word NIMA till hearing and final disposal of the suit.

( 2 ) THE respondents-original plaintiffs filed Civil Suit No. 1952 of 1999 for a declaration and permanent injunction. The case of the respondents-original plaintiffs is as under :"the plaintiff No. 1 is a Company incorporated under the provisions of the Companies Act, 1956 and plaintiff No. 2 is a Trust registered under the provisions of the Trusts Act. Plaintiff No. 2 is the owner and proprietor of the trade mark NIRMA and the same trade mark has been assigned in favour of plaintiff No. 1 by way of assignment deed. The assignment deed is filed for registration under the provisions of the Trade Marks Act and plaintiff No. 1 is engaged in the business of manufacturing and marketing various consumer products in India and elsewhere. ""the plaintiffs predecessor-in-title started manufac