SANJAY KISHAN KAUL, MANMOHAN SINGH, RAJIV SHAKDHER
Mohan Lal, Proprietor of Mourya Industries – Appellant
Versus
Sona Paint & Hardwares – Respondent
Rajiv Shakdher, J.
CS(OS) No. 348/2008 CS(OS) No. 1446/2011 & IA Nos. 9537/2011 (by plaintiff), 13404/2012 (by defendant no. 4) & IA No. 11874/2012
1. The captioned suits in the first instance came to be filed in the District Court on an application being moved under Section 22(4) of the Designs Act, 2000 (in short the Designs Act), CS(OS) 348/2008 (originally numbered as CS(OS) 358/2007, was transferred to this court vide order dated 11.02.2008, while CS(OS) 1446/2011 (originally numbered as 45/2011) was, similarly, transferred to this court vide order dated 19.05.2011, on an application moved by the plaintiff, like in the other case, under provisions of 22(4) of the Designs Act.
1.1 These applications were transferred and moved as, in the written statements filed defences, which are available under Section 19 of the Designs Act, were taken.
2. Mr.. Justice Manmohan Singh by an order dated 30.03.2012, while hearing arguments on two interlocutory applications, one filed by the plaintiff and the other filed by defendant no. 3 in the said suit for vacation of ex-parte order, passed by the learned Additional District Judge (ADJ), referred the matter to a Larger Bench in
Dhulabhai vs. State of M.P. AIR 1969 SC 78
State of Andhra Pradesh vs. Manjeti Laxmi Kantha Rao 2000 (3) SCC 689
Guda Vijayalakshmi vs. Guda Ramachandra Sekhara Sastry (1981) 2 SCC 646 and
M/s Smithkline Beechem Plc & Ors. vs. M/s Hindustan Lever Ltd. & Ors. 1999 PTC 775 (Del)
Tobu Enterprises (P) Ltd. vs. M/s Joginder Metal Works and Anr. AIR 1985 Del 244
P. Kasilingam vs. P.S.G. College of Technology AIR 1995 SC 1395
Laxmikant V. Patel vs. Chetanbhat Shah & Anr. (2002) 3 SCC 65 at page 5 in paragraph 11.
Dabur India Limited vs. K.R. Industries (2008) 10 SCC 595 @ page 607 paragraph 34]
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