P.D. Dinakaran, J.

1. The above O.S.A. No. 60/91 is directed against the Judgment and Decree dated 5.3.1990 of the learned Single Judge made in C.S. No. 649 of 1990. The appellants herein are defendants in the Suit filed by the respondents/plaintiff herein. For the purpose of convenience, the parties are described as per their rank in the appeal.

2. The respondent/plaintiff filed C.S. No. 649/90 for a Judgment and Decree viz.,

(a) Granting a permanent injunction restraining the defendants by themselves, their servants or agents or any one claiming through them from infringing the plaintiffs' registered Trade Marks Nos. 130300, 130302, 204176 and 293433 (SPENCERS SODA WATER, SPENCER & CO. LTD., SPENCER'S and Spencer's) by the use of the offending Spencer's Trade marks advertised in dailies and forthnightlies M.O. Nos. 6 to 8 marked as document Nos. 15 to 19 and/or using any mark containing their essential features or any part thereof or from manufacturing or selling or offering or advertising for sale of goods dealing in mineral aerated waters and beverages bearing of the said trade marks or any other trade mark which is in any way deceptively similar to or a colourable imi