P. K. SETHURAMAN, J.

This is an application filed by the plaintiff praying for an interim injunction restraining the respondent from issuing circulars advertisements and notices threatening action for passing off of goods or any threats affecting the business or its reputation pending disposal of the suit.

2. One of the Directors of the plaintiff-Company has filed an affidavit submitting that the suit has been filed under Section 120 of the Trade & Merchandise Marks Act, 1958, for a declaration that the threat contained in the notice dated 31-5-1990 issued by M/s. Kamath and Kamath, Patent and Trade Mark Attorneys for and on behalf of the defendant contains threats which are not justifiable and for an injunction against the continuance of the threats. Since 1987 the plaintiff has adopted the work 'Lakshmi' as a part of their name, their trade name and their trade mark 'Lakshmi'. Prior to that, Directors of the company had formed a partnership firm in the name of Lakshmi Engineering Industries in 1984. They become eligible to proprietors of the mark with respect to their product from the date of their adoption. Contrary to that right the defendant claiming to have used the