N.N. Mathur, J.-We have heard Mr. J.P. Joshi learned counsel for the appellant and Mr. Ashok Soni learned counsel for the respondent cavetor.

2. Having heard the learned counsel for the parties, we are of the view that the instant special appeal is not worth admission. That 2nd respondent Bharat Lal filed a suit under the provisions of Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act) in the Court of District Judge, Jodhpur seeking injunction against the appellant to restrain him from using the registered trade mark BIC for which he was entitled to use exclusively. The Trial Court granted injunction in favour of the plaintiff , but the same was vacated by the learned single Judge of this Court. The matter was carried to the Apex Court. The Apex Court while dismissing the special leave to appeal by order dated 9.5.200 1 directed to Trial Court to expedite the proceedings and dispose of the suit within six months. It is relevant to mention here that a rectification application was also filed by the appellant before the Gujarat High Court on 112.2000 for suitable amendment in the Registration Certificate. The said application for rectification is still