1. One Aravind Laboratories, a registered firm represented by its Senior Partner A. V. Srinivasan, has filed the above suit for (1) a permanent injunction restraining the defendant V.A. Samy Chemical Works from manufacturing, selling and offering for sale 'Kajal

"with offending trade mark Rani Eyevix; (2) accounting and for recovery of profits earned by the defendant by way of damages for the infringement; and (3) for directing the defendant to surrender all the cartons, labels and any other printed matters containing the offending Rani Eyevix trade mark together with the blocks.

2. The allegations in the plaint are briefly as follows: - The plaintiff and his predecessors in title have been dealers in cosmetic for about 50 years. Their main products are Kajal used for beautifying the eye and Kum Kum used by Indian ladies. In the year ending 31-3-1983, the Plaintiff's turnover amounted to Rs. 1, 58, 14, 125/-. All their 24 different types of products are known in the market by their trade mark "EYETEX" registered as early as 1946 under the Trade Marks Act, 1940. The name Eyetex has become the special distinctive trade mark identity for all their products. This is also ref