1. Defendant, a Service Co-operative Bank, in a suit for passing off, has filed this appeal challenging the decree passed by the learned District Judge, Thrissur. Respondent is the plaintiff.

2. In the above suit appellant/defendant had raised a counter claim also, which too was negatived by learned district judge while granting a decree in favour of respondent/plaintiff restraining the appellant by prohibitory injunction from conducting, running, manufacturing and selling coconut oil under the trade mark 'Kalpasree' or in any manner passing off and selling their coconut oil on the deceptively similar trade mark 'Kalpasree', which is the trade mark of the respondent/plaintiff. Appellant/defendant was also directed to surrender to plaintiff all the name boards, labels, wrappers, packaging materials, logo and other printing matters containing and consisting of the trade mark 'Kalpasree' together with blocks used for the purpose of printing the same, for destruction within three months from the date of decree. Aggrieved by the decision so rendered by the learned District Judge, defendant has filed this appeal.

3. I heard counsel on both sides and also perused records of the ca