Though there was a ban on impart of the Raleigh cycles manufactured outside India and passed off under the registered mark of the respondents as a registered proprietor,the circumstances do not attracted sub-section (3) of S.46 to relieve the respondents to establish non-user,but on the facts of this case,we have the admitted position that Sen Raleigh,admittedly,was a registered user through which the appellant had bona fide used the registered trade mark of the registered proprietor There is no discontinuance or non-use of the trade mark by the respondent to establish the special circumstances in this case