1. Appeal No.62 of 2012 is filed against order dated December 23, 2011 of the learned Single Judge granting ad-interim relief by which the defendants are restrained from passing off the defendants' footwear, which are held to be deceptively similar to the plaintiff's footwear. The plaintiff has filed Appeal (L) No.97 of 2012 challenging the order dated December 9, 2011 by which the learned Single Judge had declined to grant ad-interim injunction on the basis of infringement of the plaintiff's registered design for the same footwear. For the sake of brevity and convenience, the parties are referred to by their nomenclature in the suit.

2. On December 15, 1999 the plaintiff obtained registration under Designs Act, in relation to a footwear design, being registration No.181088. The registration mentioned that novelty resides in the shape, configuration and pattern of the "Footwear" as illustrated. It further indicated that the design is neither restricted to any colour or combination of colours, nor is any claim made by virtue of this registration to the exclusive use of the particular colour or combination of colours as illustrated in the representations. Similarly on Decembe