Devinder Gupta, J.

( 1 ) THIS is a petition for cancellation of registration design No-154305 in class 3 dated 16th April, 1984 in the name of respondent No. l filed under Section 51a of the Designs Act, 1911.

( 2 ) IT is alleged that respondent No. l filed a suit No. 10/95 in the court of the Additional District Judge, Delhi seeking a decree for permanent prohibitory injunction against the petitioners on the basis of its registered design No. l54305 dated 16th April, 1984.

( 3 ) THE petitioner in that suit alleged that the design registered under No. 154305 is not valid and is opposed to basic principles of design law, being a copy of a German model, well known in India. It is alleged that petitioner No. l is a company incorporated under the Companies Act, 1956 having its registered office at Chinchawad, Pune and petitioner No. 2 is a seller of petitioner No. l s product in Delhi. Petitioner No. l is engaged in the manufacture and sale of vacuum flasks and refills for the past several years. Both the petitioners have been arrayed by respondent No. l in the said civil suit No. 10/85 filed by respondent No. l and since the petitioners are aggrieved by the existence of design No. 154

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