Application No.1391 of 2009 is filed praying to reject the plaint. Interim reliefs are sought in O.A.Nos.31 and 32 of 2009 seeking to restrain the respondents from infringing the applicants trade marks and from passing off the motorcycles, motorcycle parts, components and accessories by use of the applicants trade marks.

2. For the sake of clarity, the applicants in O.A.Nos.31 and 32 of 2009 are referred as plaintiffs and the applicants in Application No.1391 of 2009 is referred as defendants.

3. The case of the plaintiff, in brief, is as follows:-

The plaintiff carries on an established business as manufacturers and marketers of various goods including bicycles and components thereof. One of the plaintiffs divisions M/s. T.I. Cycles has been engaged in manufacturing and marketing bicycles under the leading brand names BSA and Hercules. The plaintiff has been using the trade mark BSA for cycles and its related goods for the past five decades. The plaintiff is the proprietor of the trade mark BSA in class 12. The trade marks BSA and BSA with device were assigned by BSA Cycles Limited, England. BSA Cycles Limited assigned the registration of trade mark Piled Arms Device,