Soumen Sen, J.

1. The appeal and the application for additional evidence being G.A. No. 2407 of 2017 are taken up together and disposed of by this order.

2. This appeal is arising out of an order passed by the Assistant Controller of Patents and Designs on 8th July, 2013 in connection with an application filed under Section 19 of the Designs Act, 2000 for cancellation of registration of Design No. 229267 under Class 12-16 filed by the applicant/petitioner.

3. The petitioner on 25th July, 2011 filed the application for cancellation of the design registered in favour of the respondent No. 2 on 13th May, 2010 for article “Wheel Rim” under Class 12-16 in the name of Steel Strips Wheels Ltd. The grounds for cancellation were that it was published in India prior to the date of registration, it was not a new or original design and lastly the design was not registrable under the Act. The primary grounds as would appear from the record are prior publication and lack of novelty.

4. Sworn of details, the petitioner claims to be, in the business of manufacturing and supply of Wheel Rim Assemblies to Piaggio Vehicles Ltd. (hereinafter referred to as “Piaggio”) for their three wheelers and