S. S. SUBRAMANI, J.

The respondent in O.A. No. 151 of 1995 in C.S. No. 253 of 1995, is the appellant

2. The suit was filed by the respondent herein for permanent injunction restraining the appellant by the themselves, their servants, agents or any one claiming through them from using the trade name/business name "First Computers"/

"1st Computers"or using the word" First/1st for conducting any business relating to computers and pass-off their business, as the business of the plaintiff and for a direction to the defendant (appellant) to render a true and faithful account of all the profits made by them by the use of the business name/trade name "First Computers" or the expression "First" in relation to its computer business and direct the defendant to pay over to the plaintiff the proceeds that may be found due on taking of such accounts, and for other consequential reliefs

3. Along with the suit, the plaintiff filed the above original application. The relief sought in the original application is the same as the first relief in the suit

4. The material averments that are alleged in the plaint are, that the plaintiff started the business of trading in computers in the name