(Original Side Appeals preferred against the common order dated 26.04.2005 made in Original Application Nos.904 and 905 of 2004 in C.S. No.862 of 2004, on the file of this Court.)

P. Sathasivam, J.

By consent of both parties, appeal themselves are taken for final disposal.

2. Aggrieved by the common order dated 26.04.2005 made in Original Application Nos.904 and 905 of 2004 in C.S.No.862 of 2004, dismissing both the said applications, M/s. Devi Pesticides Private Ltd., Madurai has filed the above appeals.

3. Plaintiff in C.S.No.862 of 2004 is the appellant in the above appeals. The plaintiff filed the said suit against the respondent/defendant, M/s. Shiv Agro Chemicals Industries, Baroda, Gujarat State for,

(a) Perpetual injunction restraining the defendant by himself/themselves, their men, servants, agents, distributors, stockiest, representatives, partners, directors or any of them from in any manner infringing the plaintiffs registered trademark BOOM PLUS by use of the trademark SUPER BOOM or any other mark similar to plaintiffs registered trademark;

(b) Perpetual injunction restraining the defendant by himself/themselves, their men, servants, agents, distributors, stockie