(Appeal against the judgment and decree dated 13.08.2004 made in O.S.No.2 of 2001 on the file of Principal District Judge, Pondicherry.)

M. Karpagavinayagam, J.

M/s. Bala Arichandra Tex, appellants herein, are the defendants in O.S.No.2 of 2001 on the file of Principal District Judge, Pondicherry. M/s .Bharat Arichandra Tex, respondent herein, is the plaintiff in the said suit, which was filed for a permanent injunction, restraining the defendants from using the name 'Arichandra'. The suit was decreed in favour of the plaintiff. Hence, this first appeal by the defendants.

2. For convenience, we refer the parties, as arrayed in the suit.

3. Case of the plaintiff, in short, is as follows:

"(i) Plaintiff is the sole proprietary concern, carrying on business in textile goods and readymade garments under the trade name 'M/s.Bharat Arichandra Tex". She has been doing business under the above name for more than four years. She has gained reputation and goodwill in her business among the general public, only by using the trade name 'Arichandra'. The name 'Arichandra' is also written in a unique style and manner in Tamil. She acquired a right of propriety over the said trade name by