1. Pending the suit for permanent injunction, these two applications in O.A.Nos.814 and 815 of 2016 have been filed seeking temporary ones on the basis of infringement of a registered design and passing off. Seeking appointment of Advocate Commissioner, A.No.4773 of 2016 has been filed.

2. Heard Mr. P. S. Raman, learned Senior Counsel for Mr. T. K. Bhaskar, learned counsel for the applicants and Mr. AR. L. Sundaresan, learned Senior counsel for Mr. M. S. Bharath, learned counsel for the respondent and perused the documents and written submissions filed.

3. Before going into the issues governing the case, it would be appropriate to deal with the provisions and the principles of law. Apropos the provisions, they are placed hereunder for easy understanding:
THE DESIGNS ACT, 2000 :
3.1. S.2(d): "design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode