JUDGMENT :

1. This appeal is directed against the order dated 31st January, 2012 passed by the Assistant Controller of Patent and Designs (hereinafter referred to as the "said authority") in relation to a petition for cancellation of registration of Design No. 201728 under class 12-11 filed by M/s. Lucky Exports on 11th May, 2007.

2. The petitioner is aggrieved by the order passed by the said authority in allowing cancellation of the registered design of the petitioner.

3. Shorn of details, the petitioner on 10th October, 2005 applied for registration of design for article "Coaster Brake Hub" under class 12-11 in the name of partners of the appellant on 9th May, 2006. The Patent Office issued the certificate of registration of design. The design consists of three sheets. The certificate mentions that the novelty resides in the shape, configuration and surface pattern of the "Coaster Brake Hub" as illustrated. The appellant on 5th March, 2007 filed a suit being O.S. Suit No.13 of 2007 against the respondent No. 3 for infringement of its registered design and copyright. On 11th May, 2007 the respondent no. 3 filed a petition for cancellation of registration of the aforesaid design. On 2