The admitted facts are that the respondents through their agents had registered trade mark "Raleigh" and other trade marks (12 marks) under the Indian Merchandise Marks Act,1889 (4 of 1989) and the Trade Marks Act,1940 (5 of 1940).The Trade and Merchandise Marks Act,1958 (43 of 1958) (for short,the 'Act) which came into force with effect from October 3,1958 has repealed the Predecessor Act and now the Act is in operation