JUDGMENT :

I.A. 647/2018 (Application on behalf of the defendant under Order XIII-A of the CPC, 1908)

1. The present suit has been filed by Kamdhenu Limited (“the plaintiff”) against Aashiana Rolling Mills Limited (“the defendant”), seeking an injunction against the defendant’s alleged infringement of its registered design in respect of steel bars. By way of an interlocutory application [I.A. 647/2018], the defendant seeks dismissal of the suit in exercise of the Court’s jurisdiction under Order XIII-A of the Code of Civil Procedure, 1908 [“CPC”].

I. Factual background

2. The plaintiff and the defendant both manufacture steel bars. The plaintiff claims to have created and developed a unique design in the period 2012-2013. The plaintiff’s design, claiming new and original features in the form of surface pattern of double ribs, was registered under No.250968 in Class-25-01 with effect from 14.01.2013. The Controller General of Patents, Designs & Trade Marks (“the Controller”) issued a certificate dated 29.08.2014 to this effect in favour of the plaintiff. Two ‘representation sheets’ were annexed with the certificate, which included pictorial representations of the front and back view of