P. K. MISRA, J.

( 1 ) THE defendants have filed this appeal against the order of the District Judge, Keonjhar, in M. J. C. No. 1 of 1997 restraining the defendants from using the impugned trade-mark till disposal of Title Suit No. 1 of 1997, pending before the District Judge. The aforesaid suit had been filed by the plaintiff-respondents under Section 105 (c) of the Trade and Merchandise Marks Act, 1958 (Act 43 of 1958) claiming damages of Rs. 49,000/- and for permanent injunction. According to their allegation, their firm had been carrying on manufacturing business of chewing tobacco ('khaini') under Certificate No. 21/rourkela-II/92 dated 31-7-1992 issued under the Central Excises and Salt Act, 1944 (1 of 1944) and the Rules framed thereunder. It is alleged that the plaintiffs have been marketing their products under "shankar" brand since 1992 as per the said Certificate. It is further alleged that the defendants obtained Certificate on 20-10-1992 under the very same Act by imitating the wrapper and packet of the plaintiffs, thereby passing off their 'khaini' as that of the plaintiffs, thus causing damage to the business of the plaintiffs. The plaintiffs also filed an application