1. Sole plaintiff in the main suit, i.e., S.N.R. Dhall Mill, a partnership firm, is the lone applicant in this application. Sole defendant in the main suit, i.e., a private limited company, is the lone respondent herein.

2. Parties in this application are referred to by their respective ranks in the main suit for the sake of convenience and clarity. In other words, the applicant in this application is referred to as plaintiff and respondent in this application is referred to as defendant.

3. The nucleus of this entire lis is plaintiff's registered trademark bearing Trademark No.1232740, dated 05.09.2003 registered in class 30. The goods for which this trade mark No.1232740 is registered are Toor Dhall, Dhall varieties, coffee, tea, cocoa, sugar, rice, tapiocak, sago, coffee substitutes, flour and preparations made from cereals, bread, biscuits, cakes, pastry and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard, pepper, vinergar, sauces, spices and ice. The trademark as contained in the trademark registration certificate is as follows :

This mark