P.K. Balasubramanyan, J.

The defendant Company challenges a decree for prohibitory injunction restraining it from using or continuing to use the name 'Indian Coffee House' to its catering establishments. The suit was filed by the respondent Co-operative Society. According to the Co-operative Society the Society was formed of the erstwhile employees of the Indian Coffee Board and according to them with the help of the Coffee Board they formed themselves into a Co-operative Society and were running coffee houses which are in reality hotels naming the establishments 'Indian Coffee House' as distinct from the establishments which were being run by the Coffee Board in the name of 'India Coffee House'. The Managing Director of the defendant Company was originally a member of the plaintiff Society and was also its Secretary for a number of years. The plaintiff society was registered in its original name in the year 1958 and the Indian Coffee Houses were started. After the Managing Director of the defendant Company left the Society due to differences of opinion, he formed a company, the Bharathiya Coffee Workers Catering (P) Ltd. and established two establishments which the defe