A. K. SRIVASTAVA ( 1 ) THIS is a suit for perpetual injunction and rendition of account seeking following reliefs: "a) for permanent injunction and order of this Hon ble Court restraining the defendant from using the trade name/trading style Prince Pan Shop and in respect of Prince Pans, Pansand its allied materials like Pan Masala, Illachi, Supari, Tobacco and other ingredients of pan or any other trade name deceptively similar to the plaintiffs trade name and as to pass off their goods as the goods of the plaintiff, B) for delivery upon affidavit to the plaintiff all offending labels, posters, sign boards and other offending stationery and materials, being the offending trade name Prince Pan Shop for the purposes of destruction and/or obliterations as the case may be, C) for rendition of account into the profits made by the defendant on me sate of their goods under the name and style of Prince Pan Shop and decree of the amount so found due, D)FOR costs of the suit. " ( 2 ) THE case of the plaintiff is that since 1955 he is carrying on the business of Pan seller under the name and style of PRINCE PAN CENTRE at 5051, Netaji Subhash Marg, New Delhi; that due to use of good material and giving good. service aforesaid PRINCE PAN CENTER become popular centre for purchase of pans and its allied materials like Pan Masala, Illachi, Supari, Tobacco and other ingredients Pan and Pan Masala; that because of popularity of Prince Pan Centre the plaintiff was given contracts for serving at various ceremonial occasions all over India; even foreigners who visit Moti Mahal Restaurant for Indian Mughlai Food come and purchase Prince Pan from the plaintiff s shop and this since along user the aforesaid PRINCE PAN CENTRE has become exclusive property of the plaintiff. The plaintiff with arrangements is running shops of Punjabi Bagh and Hotel Richi Rich. The plaintiff has earned handsome reputation, goodwill and name with the trade and the users of goods of PRINCE PAN CENTRE and a statement of sale of the last ten years is place on the record. The plaintiff with arrangements is running shops of Punjabi Bagh and Hotel Richi Rich. The plaintiff has earned handsome reputation, goodwill and name with the trade and the users of goods of PRINCE PAN CENTRE and a statement of sale of the last ten years is place on the record. The claim of me plaintiff is that me defendant has no right to use the trade name PRICE PAN CENTRE and it s use by the defendant is illegal and has been done with the sole intention of deceiving and/ or misleading me trade and members of the public. ( 3 ) HENCE the suit. Even after service, the defendants remained absent. Thus the suit proceeded ex parte. The plaintiff has filed affidavit by way of evidence. The plaintiff has filed some original documents which are exhibited by the Joint Registrar as mentioned in his order dated 28. 11. 95. ( 4 ) I have gone through the contents of the plaint, affidavit and the exhibited documents on the record. The case of the plaintiff, in my opinion, is proved and the suit can, be decreed partly. Learned counsel for the plaintiff has given up his prayers (b) and (c) for delivery upon affidavit and rendition of accounts In view of above the prayers (b) and (c) are rejected as given up. The suit is partly decreed to the effect that the defendant, his agents, servants and all other persons on their behalf are restrained from using the trade name/trading style Prince Pan shop and in respect of Prince Pans, Pans and its allied materials like Pan Masala, Illachi, Supari Tobacco and other ingredients of pan or any other trade name deceptively similar to the plaintiff s trade name and as to pass off his goods as the goods of the plaintiff. Rest of the prayers are not allowed.- The plaintiff shall be entitled to the proportionate costs ex parte