A. Kulasekaran, J.

1. O.A. No. 324 of 2001 has been filed by S.V.S. Oil Mills, represented by its Partner S.V. Chandra Pandian against Rajkumar, trading as Nellai Agro Foods & S.V.S. Oil Mills for interim injunction restraining the respondents from manufacturing, marketing and advertising or offering sale or use the expression S.V.S. as his domain name or website in the electronic media or otherwise for selling their products Palmolein oil or refined edible oil or any kind or other food article using the trademark S.V.S. or trading style S.V.S. Oil Mills or any other cognate or similar goods as the goods of the applicant. O.A. No. 2580/2001 was filed by the respondent to vacate the interim injunction dated 11.4.2001 passed in O.A. No. 324/2001. For the sake of convenient, S.V.S. Oil Mills represented by its Partner S.V. Chandra Pandian shall hereinafter refer to as applicant and S.V.S. Rajkumar is referred to as respondent.

2. The applicant herein has filed a suit for permanent injunction on account of passing off of the respondent's palm oil and other goods namely refined oil etc., using the trade mark S.V.S. or similar such expression in the course of manufacture and sa