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2016 Supreme(Del) 1641

V.KAMESWAR RAO
SYMPHONY LTD – Appellant
Versus
SUMMER COOL HOME APPLIANCES PVT LTD – Respondent


Advocates Appeared:
Mr. R.K. Virmani, Sr. Adv. with Mr. Kunal Mimani, Adv.
Mr. Ajay Sahni, Adv. with Ms. Kanika Bajaj, Mr. Sudhanshu Suman, Adv. for D-1.

JUDGMENT :

V. KAMESWAR RAO, J.

IA 20070/2015

1. Vide this order, I shall dispose of IA 20070/2015 filed by the plaintiff under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908.

2. Vide this application, the plaintiff seeks to delete paragraph 14 of the plaint and substitute the same with the following paragraph.

"14. That prior to 2010, the Plaintiff had been using various registered designs of air coolers bearing nos.183511, 180555, 213308 and 213309, with the air cooler model under registered mark 'Sumo'. The Registrar has duly registered the unique design of the air cooler and granted it Design No.227069, w.e.f 04.02.2010. The Plaintiff started using the registered Design No.227069 for its model 'Sumo' from the month of November 2010, after its registration. The Plaintiff has been using the Registered Design Nos.235189 and 198241 for its air cooler models 'Storm' and 'Winter' since March 2011 and February 2005 respectively, after THEIR Registration."

3. Plaintiff further seek to add paragraph 14A in the plaint, which is also reproduced as under:-

"14A. Over t




























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