Manmohan Singh, J.

1. By way of order dated 30th March, 2012 passed in CS(OS) No.1446/2011, three questions were referred by me along with my opinion to the larger Bench of this Court for consideration. Thereafter, the matter was listed before the Hon’ble Chief Justice who was pleased to constitute a full Bench comprising three Judges of this Court. The questions of law which form the subject matter of the reference read as under:

(1) Whether the suit for infringement of registered design is maintainable against the another registered proprietor of the design under the Designs Act, 2000;

(2) Whether there can be availability of remedy of passing off in the absence of express saving or preservation of common law of Designs Act, 2000 and more so when the rights and remedies under the Act are statutory in nature; and

(3) Whether the conception of passing off as available under the trademarks can be joined with the action under the Designs Act when the same are mutually inconsistent with that of remedy under the Designs Act.

2. I have had the advantage of going through the opinion recorded by my learned brother, Mr. Rajiv Shakdher J. but despite the great respect which I