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2023 Supreme(Del) 200

C. HARI SHANKAR
NOVATEUR ELECTRICAL AND DIGITAL SYSTEMS PVT. LTD. – Appellant
Versus
V-GUARD INDUSTRIES LTD. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Hemant Singh, Mamta Jha, Shakti Priyan Nair, Pragya Jain.
For the Defendants : Sachin Gupta, Yashi Agrawal, Swati Meena, Rohit Pradhan, Manan Mandal.

JUDGMENT :

C. HARI SHANKAR, J.

REVIEW PET. No. 18/2023 (for review of Order dated 04.01.2022) in C.S. (COMM) No. 567/2021

1. By this petition, the review petitioner/defendant in C.S. (Comm) No. 567/2021, seeks review of the judgment dated 4th January 2023, passed by this Bench in I.A. No. 14683/2021, preferred by the defendant under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), whereby the said IA stands dismissed.

2. Paras 2 to 4 of the present Review Petition, which set out the ground for review may be reproduced thus:

    “2. By way of the present application, the Appellant seeks review of the final order dated 04.01.2023 passed by this Hon’ble Court on the ground that the counsel for the Defendant failed to cite a binding precedent namely, Reckitt Benckiser India Ltd. vs. Wyeth Ltd. FAO (OS) No. 458/2009 which leads to an error apparent on the face of the record. The judgment of the Hon’ble Supreme Court in the case is a leading authority which holds that “publication in tangible form [...] or in any other way” as given under Section 4(b), Designs Act, 2000 does not refer to an actual product only, but could be in any other way such that the shape or other featur

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