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2022 Supreme(Del) 2053

VIBHU BAKHRU, AMIT MAHAJAN
Relaxo Footwears Ltd. – Appellant
Versus
Aqualite India Ltd. – Respondent


JUDGMENT

Vibhu Bakhru, J. Relaxo Footwears Limited (hereafter `Relaxo') has filed the present appeal impugning a judgment dated 06.05.2019 (hereafter `the impugned judgment'), passed by the learned Single Judge, whereby Relaxo's application for an interim injunction under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereafter `the CPC') was dismissed and the application filed by Aqualite India Limited and Aqualite Rubber and Plastics Private Limited (hereafter collectively referred to as `Aqualite') under Order XXXIX Rule 4 of the CPC, seeking vacation of the ex parte ad interim injunction dated 14.12.2018, was allowed.

Factual Context

2. Relaxo is engaged in the manufacturing and selling of various kinds of footwear and claims that it commenced its business in the year 1976. On 21.06.2017, Relaxo was granted registration of its design relating to footwear (slippers) under The Designs Act, 2000 (hereafter `the Designs Act') being the design registration bearing no. 294938 (hereafter `Subject Design'). Relaxo claims that the aforementioned design is novel and unique in particular in respect of the surface pattern, cuts, ridges, curves, graphics.

3. Relaxo claims tha

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