The managing director of a sandwich bar company, who claims that health inspectors found cockroaches in the premises of one of its Dublin franchisees, is seeking a High Court order permanently restraining that franchisee operating under the company's logo.

O'Briens Irish Sandwich Bars Ltd wants Mark Smartt, operator of its franchised outlet in St Stephen's Green Shopping Centre, to discontinue the use of the O'Briens trademark and return signs, cards, notices and other displays related to it.

Mr Smartt has claimed O'Briens, founded by Brody Sweeney, has no legal basis for restricting trading by him.

The High Court granted a temporary injunction last October restraining Mr Smartt from using the O'Briens name and when the matter was before the court again yesterday, John Trainor SC, for O'Briens, sought an early trial of the full action.

Mr Trainor said his side wanted the court to order Mr Smartt's lawyers to comply fully with an order for discovery of documents that had previously been made and to make discovery within the week.

The signage on the sandwich bar had been removed but it was still trading, Mr Trainor said.

Martin Dully, for Mr Smartt, said he was not sure if his side would be in a position to comply with the discovery order within the week sought by the plaintiff.

Ms Justice Mary Laffoy adjourned the case for mention on December 17th.

In an affidavit presented at earlier hearings, Fiachra Nagle, managing director of O'Briens, said the Stephen's Green franchise has been trading since June 2003. The franchise agreement required that the operation should comply with all hygiene and public health regulations.

Mr Nagle said his company carried out inspections of Stephen's Green in June, July and August of this year and "the premises was found wanting in several regards, particularly in relation to hygiene and cleanliness".

Opportunities were given to remedy the problems but, on October 17th last, the Health Service Executive issued a closure order because of the likelihood of "a grave and immediate danger to public health", Mr Nagle said.

The specific reason, as stated in the order, was "the presence of cockroaches in the premises," Mr Nagle said.

The franchisee had "breached in a most serious way" the terms of the agreement between him and the franchiser and Mr Nagle said he instructed solicitors to terminate the agreement.