JUDGMENT

Prathiba M. Singh, J.

1. The present appeal has been preferred against the final judgment and decree dated 9th January, 2009 by which the learned Trial Court dismissed the suit of the Appellant/Plaintiff (hereinafter „Plaintiff‟) and partly decreed the counter claim of the Respondent/Defendant (hereinafter „Defendant‟).

The operative portion of the impugned judgment is set out below:

“Accordingly, I dismiss the suit of the plaintiff and partly decree the counter claim of the defendant. Accordingly, I pass a decree for permanent injunction in favour of the defendant and against the plaintiff thereby restraining the plaintiff, its proprietor, principal officers, servants, agents and representatives or any of them from manufacturing, selling, offering to sale or supply, advertising, directly or indirectly dealing in locks or locking devices bearing the trade mark VIJAYAN or any other deceptively similar mark and so packaged as to misrepresent their goods as those of or approved by or associated with the defendant in any manner and from doing any other thing as may be likely to lead to passing off of the plaintiff‟s goods or business as and for those of the defendant. The plaintif