ORDER (Oral)

C. Hari Shankar, J.

1. The plaintiff pleads infringement, by the defendant, of the design of a cooker, registered in favour of the plaintiff vide Registration No. 197906 by the Design Office in the Patent Office, Government of India. The various views in respect of the suit design, in terms of which registration has been granted are as under:

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The certificate of registration certifies, as in most cases, that 'novelty resides in respect of the shape and configuration of the cooker as illustrated'.

2. The suit was originally filed before the learned District Judge (Commercial Court) as CS (Comm) 1892/2019. Consequent on completion of pleadings and admission and denial of documents, the following issues were framed by the learned Commercial Court on 4 September 2019:

(1) Whether the suit filed by the DH is not maintainable and is liable to be dismissed as alleged Registration of the plaintiff is invalid and is liable to be cancelled under the provisions of Section 19¹[19. Cancellation of registration. -
(1) Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to t