This appeal coming on for hearing on this day the court delivered the following order:-

2. This is a petition under section 10 of the Contempt of Courts Act, 1971 (Act No. 70 of 1971) filed by one S.P.S Selvaraj who will be herein after referred to as the petitioner, against V. Muthuswamy Naicker: the respondent. The petitioner is a partner of a firm known as M/s S.P.S Jayam & Co. which manufactures tooth powder, which is marketed under the name and style of "Gopal Tooth Powder". It has a registered trade mark, the mark having been registered on 30th April 1947 in class 3 as Mark No. 129120 in relation to the tooth powder under the law then in force viz., the Trade Marks Act, 1940. It has been renewed subsequently under the Trade and Merchandise Marks Act, 1958. It is claimed that the firms annual turnover is in the reign of Rs. 50.000 and it spends on advertisement through various media a sum of Rs. 4, 00, 000. A packet of tooth powder manufactured by the firm is said to cost about 35 paise.

3. The respondent was found to be marketing tooth powder in similar packets under the name and style of Ram Gopal Tooth Powder. A complaint was lodged before the Police and the respo