According to the Division Bench, the earliest use of the mark '50 ' by any concern other than Lucas and other foreign manufacturers was in 1953 by M/s Indian Union Manufacturers Ltd. The respondent company, however, had filed a suit against that company in 1954 which resulted in a compromise dated February 5, 1955 whereunder the said company recognised the exclusive right of the respondent company to the use of the word% 'Fifty ', 'Thirty ' and the numerals '50 ' and '30 ', while the respondent company recognised the right of the said company to the exclusive use of the words and numerals 'Thirty one ', 'Forty one ' and 'Fifty one ' and '31 ', '41 ' and '51 ', that the respondent company had also in 1956 similarly taken action against K. R. Berry & Co. of Jullundur for use by that company of the mark 'Five 50 '.