Hon’ble Pankaj Mithal, J.—The Chief Justice on 31.7.2014 was pleased to nominate me to hear this appeal.

2. The appeal arises out of judgment, order and decree dated 22.5.2012 passed in Original Suit No. 12 of 2001 Vishwadeepak v. Kishan Lal and another, passed by the Additional District Judge, Court No. 2, Ghaziabad.

3. It is a decree of permanent injunction in respect of infringement of a trade mark and passing off.

4. The Court by the impugned judgment and order has decreed the suit of the plaintiff Vishwadeepak and has restrained the defendants Kishan Lal and Jugal Kishore, their servants, agents and representatives etc. from using the trade mark “New Mdhurima Confectioners” and “New Madhurima Bakers” and other identical or similar trade marks and from carrying business in bakery and other cognate and allied products with the above trade mark or deceptively similar name “Madhurima”. Simultaneously, the counter claim of the defendant No. 2 Jugal Kishore has been dismissed.

5. The short story of the case is that Acharaj Lal, the father of the plaintiff who was the owner of shop No. A-7 Municipal Market, Jawahar Gate, Ghaziabad some time in the year 1964 started a confecti