BHASKARAN, J.

The Plaintiff, who is engaged in Seeval business from 5.11.1984 in Tamil Nadu, has been buying new aricanut from growers and merchants, sort, grade and clean them, slice them, mix them with several ingredients and packet them is different sizes for ready consumption in the market. This product has been marked throughout with the trade mark

"Appu Seeval'. The trade mark consists of a dancing elephant on a globe with the word Appu printed on the left and Seeval printed on the right. The packets are sold in different quantities. The plaintiff has also registered his business as a small Scale Industrial Unit with the Department of Industries and Commerce. The plaintiff has developed his business and his turnover is in the region of Rs. 60, 00/- per month. The plaintiff has also availed bank loan for his business.

2. While so, the plaintiff came to know that the defendant has also started Seeval business with the trade mark 'Appu Seeval'. The defendant has also been circulating the news that the he has secured the registration of 'Appy Seeval' as a trade mark under the Trade and Merchandise Marks Act, 1988 (hereinafter referred to as the Act) but on verification