D.K. Sen, J. - (1.) The Court; Harbans Lal Malhotra & Sons Limited, the plaintiff instituted this suit on or about the 1st June, 1982, claiming, inter alia, (a) permanent injunction restraining Wiltech India Limited the defendant from passing off or causing or enabling or assisting others to pass off safety razor blades not and of the manufacture of the plaintiff with the device of a horse galloping or in any other posture either printed upon such blades or on any label or container by advertising, offering for sale or selling such blades in imitation of the blades of the plaintiff sold under the said device, (c) delivery up by the defendant of all imitations, dies, blocks or printing matter with the said device of a horse galloping or in any other posture and other reliefs. In the present application made on a notice dated the 1st June 1982, the plaintiff prays for an interlocutory injunction restraining the defendant from passing off or causing or enabling or assisting others to pass off safety razor blades not of the manufacture of the plaintiff with the device of a horse galloping or in any other posture either printed upon such blades or on any labels or containers by advertising, offering for sale or selling such blades in imitation of the plaintiff's blades sold under the device of a galloping horse.
(2.) The plaintiff claims that alongwith its sister concern it is one of the leading manufactures and sellers of safety razor blades in the world and has been manufacturing and marketing, in India and abroad, safety razor blades of different qualities under various registered trade names and marks.
(3.) It is alleged that about the middle of January, 1982, the plaintiff introduced in the Indian market safety razor blades of extra superior quality under the brand name 'Gallant' under a device consisting of a horse in full gallop. The plaintiff alleges that it has applied for registration of the word 'Gallant' and also the said device of a galloping horse separately as trade marks before the Registrar. The said applications of the plaintiff are pending.;