VEERASWAMI, C. J.:- These two related appeals arise from an order of Gokulakrishnan J. who declined to interfere with a common order of the Assistant Registrar of Trade Marks in M. A. S. Nos. 127 and 128.

2. The first appellant had registered on 1-1-1970 a trade mark under the name and style of Omar Khayyam Hotel Restaurant and Bar'. The respondent was called on by the Assistant Registrar to file any objections to the application of the first appellant since the respondent was using the mark 'Omar Khayyam Wineries (P.) Ltd.' But no objections were filed. The respondent, however, on 10-1-1970, applied to the Assistant Registrar under S. 46 of the Trade and Merchandise Marks Act, 1958, for rectification of the trade mark of the first appellant, registered and notified in the Trade Mark Journal on the date aforesaid. This application was resisted by the first appellant, but all the same was allowed by the Assistant Registrar. Gokulakrishnan J. declined to interfere.

3. The facts briefly are these: On 16-11-1965, there was an advertisement in the Deccan Chronicle by the Omar Khayyam Hotel Restaurant and Bar. This notice said that this name and style had been used by the first ap