( 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. 1952/1999, 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. 1952/1999 for a declaration and permanent injunction. The case of the respondents-original plaintiffs is as under:2. 1 The plaintiff no. 1 is a Company incorporated under the provisions of the indian Companies Act, 1956 and plaintiff no. 2 is a Trust registered under the provisions of the Indian 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. l by way of assignment deed. The assignment deed is filed for registration under the provisions of the Trade Marks act and plaintiff no. l is engaged in the business of manufacturing and marketing various consumer products in India and elsewhere. 2. 2 The plaintiffs predecessor-in-title