Ramachandra Iyer, C.J.-

This is an appeal against the Judgment of Subrahmanyam, J., declining to entertain an application filed by the appellant for rectification of the Trade Marks Register by deleting the Registered Trade Mark Nos. B. 1108, B. 62078 and B. 62080 from the Register of Trade Marks. The appeal involves the determination of the question whether this Court has jurisdiction to entertain the application. The first respondent, a public Limited Company, does business in piecegoods, cotton and artificial silk. Its office is at Bombay. On 10th June, 1942, the first respondent applied to the Registrar of Trade Marks for registration of a design comprising the word “Chamundi.” The said Mark was registered in relation to the piecegoods of all kinds sold by the first respondent. Four months thereafter it made two further applications for registration of two further Marks containing the picture of Sri Chamundeeswari in respect of goods known as tissue piecegoods, bed-sheets, towels, etc. They were duly registered by the Registrar of Trade Marks under section 16 (1) of the Trade Marks Act, 1940. The appellant, a private Limited Company doing business in the manufacture and sale of

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