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1. This suit was instituted by the plaintiff, the Tata Oil Mills Co. Ltd., against M/s. Lokenath Chemical Works on 9th Dec. 1964, inter alia, praying for leave under Clause 12 of the Letters Patent and claiming perpetual injunction restraining the defendant by themselves or by their agents and servants from infringing the plaintiff's registered design mentioned in paras 2 and 3 of the plaint and in Annexure "A" and "B" thereto and from in any way applying the plaintiff's said registered design or any fraudulent or obvious imitation thereof to any article or goods not belonging to or manufactured by the plaintiff or publishing or exposing or causing to be published or exposed for sale any articles or goods with any design infringing the plaintiff's said registered design or any fraudulent or obvious imitation thereof: damages as claimed in para 9 of the plaint in the alternative an enquiry as to the damages and a decree for the sum found due; delivery up of all infringing bottles or containers manufactured or caused to be manufactured by the defendant in infringement of the plaintiff's said registered design and all materials, designs and publications, whereby the defendant's products are offered or published for sale in bottles or containers with the infringing design; further or other reliefs and costs.