JUDGMENT (Oral)

C. Hari Shankar, J.

CC(Comm) 2/2022

1. By this order, I proceed to decide the preliminary objection advanced by Mr. Hemant Singh, learned Counsel for the plaintiff to the maintainability of CC (Comm) 2/2022, which is the counter claim filed by the defendant in the present suit.

2. The present suit [CS(COMM) 567/2021] alleges piracy, by the defendant, of the designs registered in favour of the plaintiff vide Registration Nos. 296178, 296179 and 296180 ('the suit designs') and seeks reliefs of injunction against the plaintiff from directly or indirectly dealing in the switch plates manufactured by the plaintiff, which allegedly infringe the suit designs.

3. Among the defences taken in the written statement filed by the defendants, to the plaint, is the plea that the suit designs are invalid on the ground of prior publication.

4. During the pendency of these proceedings, the defendant has filed the present counter claim CC (Comm) 2/2022, seeking cancellation, and expunction from the Register of Designs, of the suit designs 296178, 296179 and 296180. The defendant has also filed, with the counter claim, an application under Order XXXIX Rules 1 and 2 of the Code of Ci