S.S.SUBRAMANI, J. - (1.) THE respondent in O.A. No. 151 of 1995 in C.S. No. 253 of 1995, is the appellant
(2.) THE suit was filed by the respondent herein for permanent injunction restraining the appellant by the themselves, their servants, agents or any one claiming through them from using the trade name/business name "First Computers"/ "1st Computers"or using the word" First/1st for conducting any business relating to computers and pass-off their business, as the business of the plaintiff and for a direction to the defendant (appellant) to render a true and faithful account of all the profits made by them by the use of the business name/trade name "First Computers" or the expression "First" in relation to its computer business and direct the defendant to pay over to the plaintiff the proceeds that may be found due on taking of such accounts, and for other consequential reliefs Along with the suit, the plaintiff filed the above original application. The relief sought in the original application is the same as the first relief in the suit
(3.) THE material averments that are alleged in the plaint are, that the plaintiff started the business of trading in computers in the name and style of "First Computers". He obtained certificate of Registration in his business name under Rule 24 of Tamil Nadu General Sales Tax Rules from the Commercial Tax Officer, Madras. A similar Certificate has been obtained for the business of computers in the name of "First Computers" under the Central Sales Tax (Registration and Turnover) Rules, 1957. It is also averred that for the purpose of importing computers, the plaintiff has obtained an Importer and Exporter Code from the Officer of the Joint Director General of Foreign Trade, Madras and Reserve Bank of India Exchange Control Department, Madras. It is also stated that he was assessed to income-tax in the name of Guruprasad, as Sole Proprietor of "First Computers". He has also given some details of the turnover since 1989. It is also stated that for income tax purposes, he has to obtain annually an Auditor's report with respond to his business and the Report is also obtained in the name of "First Computers". He has also accounts with Union of India. THEre also, the expression "First Computers" is used as plaintiff business name. It is stated that the name and style of "First Computers" is given to the defendant. In September 1994, the defendant desired the plaintiff to undertake annual maintenance of the Computers in all their Computer Centres, and the plaintiff's engineer had personal discussion with one R. Ramesh, Regional Manager of Messrs. Brilliant's Computer Centre, the name by which the defendant was previously known. It is stated that since most of the computer equipments used by the defendant were found to be obsolete, the plaintiff expressed his inability to undertake comprehensive annual maintenance of the computers of the defendant. It is stated that at the time the appellant's Regional Manager R. Ramesh had handed over his visiting card, which is filed as one of the exhibits. It is alleged that in July 1994, the appellant, through one of its managers, Mr. Balasundaram, placed orders, for certain computer equipment with the plaintiff. THE goods were, however, returned as they did not satisfy the requirement of the defendant (appellant). THE plaintiff has been selling and servicing computers not only in the City of Madras but also all over South India. A list of 54 leading customers of the plaintiff has also been appended to the plaint. THE plaintiff further avers that in December 1991, he wrote to the Registrar of Companies, Madras, for approval of the name "First Computers" to float a company "First Computers Pvt. Ltd." THE object of the proposed company was for dealing in computers and maintenance of computers and system designs. Necessary fee was paid for search of conflicing names. THE Register of Companies, by letter dated 19.12.1991, after search of their list, found that there was no conflicting name and wrote to the plaintiff that the name "First Computers Pvt. Ltd." was available for registration. It is further stated that the name and style of "First Computers" has acquired much reportation. It is the expression of the plaintiffs identify in the business;