( 1 ) THE question which has been referred to this Full Bench is:

"whether or not an injunction can be granted in favour of a registered owner of a design when an application under Section 51-A of Designs Act is pending?"

( 2 ) ON this question a number of Judgments of this Court and other Courts have been shown to us. The difficulty arose because it prima facie appeared that two Division Bench of this court had taken different views.

( 3 ) IT had been held in the cases of Mohammad Abdul Karim v. Mohammad Yasin and another, reported in AIR 1934 Allahabad 798 and Dwarkadas v. Chhotalal AIR 1941 Bom 188, that merely because the registered holder of a design filed a Suit under Section 53 it would not mean that the Defendant to that Suit could not plead that design was previously published and was neither new nor original.

( 4 ) IN the case of Sat Pal Singh v. S. P. Engineering Works, 1982 0 PTC 193, after considering various provisions of the Patents and Designs Act, 1911, a Single Judge of this Court held that once a design was registered, prima facie, it was only the registered proprietor, who could take benefit of the registered design during the period of the va