This application for interim injunction pending the disposal of Civil Suit No. 53 of 1957 is coming up for final orders.

The facts are, the plaintiff has been carrying on business in lungis and other handloom textile products under the name and style of Mohammed Aboobacker and Company with his headquarters in George Town, Madras, and its branches in Calcutta, Madurai and Quilon. This plaintiff has come to be known as Chank Aboobacker and has adopted his trade-mark as Chank or Sanghu or Conch. This. Conch has been his registered trade-mark under six registrations. We are concerned here only with one registered Number 91228. This Aboobacker who has been making use of this Conch as his registered trade-mark from 1928 under an adaptation of the main Sanghu Mark registered this trade-mark to be affixed to handkerchiefs. The plaintiff has been having an extensive business in these hand kerchiefs affixed with this trade-mark from 11th January, 1944, ‘when the mark was registered, and has been widely advertising his products at great expense. This trademark has been renewed for a period of fifteen years from 11th January, 1955. In these circumstances the plaintiff was informed by peopl