1. The question for consideration in this application is as to whether the plaintiff, pending trial of the suit, is entitled to an interim injunction to restrain the defendant from using the trade mark ‘priya’ on the pickles manufactured and marked by the defendant.

2. The affidavits and documents produced by the parties prima facie show that both who carry on business from Baroda and the defendant which has its registered office at Hyderabad and its factories at Vijayawada, have been using this trade mark for pickles having conceived the same independently of each other since 1980 viz., for the last fourteen years. The trade mark was registered in 1992 in class 29 under No. 366103-B with effect from 15.9.1980 in the name of the petitioner/Pathiath Babu Rajendran who has filed this suit in his trading name.

3. While the plaintiff claims that as the registered proprietor of the mark, he is entitled to an interim injunction as a matter of course to prevent the invasion of its proprietary right, the defendant claims to be a prior user whose rights are protected under S. 33 of the Trade and Merchandise Marks Act and in any case, concurrent and honest user of the trade mark f