1. Since common question of fact and law are involved in these two civil suits and further common evidence is recorded, the same are being disposed of by this common judgment.

2. CS.No.196/2007 has been filed to pass a judgment and decree,

(a) for permanent injunction restraining the Defendants, their agents or servants from continuing or repeating the infringement of the plaintiff's registered trade mark “'THAYAR'” or continuing to commit any infringement of the plaintiff's name and mark “'THAYAR'” or the name, colour, combination, etc. of the expression “'THAYAR'” or any phonetically similar or imitation thereof, and passing off the same as that of the Plaintiff,

(b) to render true and faithful accounts of all the profits earned by them through service and sale of the offending marks and pay the amount found due on such taking of accounts to the Plaintiff,

(c) to surrender to the Plaintiff all the impugned products produced and manufactured by the Defendants, containing the same name of the offending marks, with all documents pertaining thereto.

3. CS.No.300/2007 has been filed to pass a judgment and decree,

(a) restraining the Defendant his men, agents, servants or any o