K.C. Sood, J.—This order will dispose of these petitions arising out of Civil suit No. 60 of 2003.

2. Plaintiff, Claridge Moulded Fibre Limited, is a Company registered under the Companies Act, with its registered Office at Parijit House, 2nd Floor, 1076, Dr. E. Moses Road, Worli, Mumbai. The defendant is also a Company registered under the Companies Act with registered Office at 5861, Modern Complex, Mani Majra, Chandigarh. The Plaintiff Company has laid suit against the Defendant Company for the following reliefs: "(a) That the Defendant by themselves, their servants and agents, representatives, stockists, dealers and all other persons claiming under them or acting in concept with them be restrained by a perpetual order and injunction of this Court from in any manner manufacturing, selling, advertising and/or offering for sale and/ or exposing for sale, without the license of the Plaintiff, the goods viz. the said apple tray" and/or "fruit tray" as shown in Exhibit "A" (and more particularly as seen in the photographs annexed as Exhibit "E"), hereto or, applying the Plaintiffs registered design or any other design which is a colorable imitation or a substantial reproduction of the Plaintiffs registered design, so as to infringe the Plaintiffs design No. 190044 in Class 09-03; (b) That the Defendant by themselves, their servants and agents, representatives, stockists, dealers and all other persons claiming under them or acting in concern with them restrained by a perpetual order and injunction of this Court trom in any manner manufacturing, selling, advertising and/or offering for sale and/or exposing for sale, without the license of the Plaintiff, the goods viz. the said "apple tray" and/or "fruit tray" as shown in Exhibit "A" (and more particularly as seen in the photographs annexed as Exhibit "E") hereto or, applying the Plaintiffs registered design or any other design which is a colorable imitations or a substantial reproduction of the Plaintiffs registered design, so as to pass off its impugned goods bearing the said design as and for those of the Plaintiff or in any way connected with the Plaintiff; (c) That the Defendant be ordered and decreed to pay to the Plaintiff a sum of Rs. 10,00,000/- (Rupees Ten Lakh only) as and by way of damages, or in the alternative, the Defendants be ordered and decreed to render a true and faithful account of all the profits earned by them by using the impugned design and the Defendant be further ordered and decreed to pay to the Plaintiff, such amount being found due on such account being taken; (d) That the Defendant by themselves, their servants and agents, representatives, stockists, dealers and all other persons claiming under them or acting in concern with them be ordered and decreed to deliver to the Plaintiff for destruction all the products bearing or having the impugned design and all dyes, moulds, product catalogues, price list, papers, articles and things including all other things which are or may be intended to be used in the manufacture of and/or advertising of the Defendants product in relation to the registered design of the Plaintiff".

3. The case of the Plaintiff Company is :

4. The Plaintiff Company is engaged in the business of manufacture and production of material of various activities, including fruit packaging and boxes. The Plaintiff Company was incorporated as "Van Leer Moulded Fibers Private Limited" on or about February 24,1998. However, on March 31, 2003, the name of the Company was changed to its present name and style, i.e. "Cladridge Moulded Fibre Private Limited" and a fresh certificate of incorporation was issued by the Registrar of Companies at Mumbai. The Defendant Company also engaged in the business of manufacture and production of packaging material for fruit packing and boxes. In September, 2002, the Plaintiff Company got a design prepared which was of novel shape, configuration and ornamentation of a tray in which apples and/or fruits could