Judgment

S. K DAS, J. : This is an appeal by special leave granted by this Court on December 8, 1958. On July 19,1950, Satya Deo Gupta, respondent before us, made an application under S. 14 of the Trade Marks Act, 1940 (Act V of 1940) (hereinafter referred to as Act) for the registration of the trade name of a biochemical medicinal preparation, commonly known as Lakshmandhara , in Class 5 of the Fourth Schedule to the Trade Marks Rules, 1942. The application was made by the respondent as the sole proprietor of Rup Bilas Company situate at Dhankutti in Kanpur. The averments made in the application were that the said medicinal preparation had been in use by the name of Lakshmandhara since 1923 and was sold throughout the length and breadth of indict as also in some foreign markets; the mark or name Lakshmandhara was said to be distinctive to the article, and it was stated that the approximate annual turnover was Rs. 40,000/- Notice of application was given by the Registrar of Trade Marks, Bombay, and the Amritdhara Pharmacy, a limited liability company and appellant before us, filed an application in opposition. In this application the appellant stated that the word Amritdhara wa