Prabir Kumar Majumdar

1. THIS is an appeal from an order dated 18th December, 1986 passed by the Joint Controller of Patents and Designs, on an application for cancellation of registration of the Registered Design No. 154062 dated 21st February, 1984 filed by the respondent No. 3 herein under Section 51A of the Designs Act, 1911. By the order under appeal the Joint Controller of Patents and Designs allowed the application of the respondent No. 3 and cancelled the registration of Design No. 154062 dated 31st February, 1984.

2. THE facts as would appear from the paper book are shortly as follow:

In or about February, 1984 the appellant made an application for registration of the said Design No. 154062 and by an order dated 21st July, 1984. The said design was registered under the Designs Act, 1911 being Design No. 154062 and the Certificate of Registration dated 21st July, 1984 was duly issued. The said Design is in respect of a design of a Comb. In or about October, 1984 the respondent No. 3 Crystal Plastics and Metalizing Private Limited made an application under Section 51A of the Designs Act, 1911 (hereinafter referred to as the said Act) for the cancellation of the design