Per S.R. SINGHARAVELU, J.

This application is to vacate the ad-interim injunction granted ex parte in favour of the plaintiff on 29.3.2006 in O.A. No. 284 of 2006 in this suit.

2. The plaintiff is a company registered under the Indian Companies Act and is one of the leading manufacturers of 2 and 3 wheeler tyres in India from 1982 onwards. It has got its own design for the same. The specific trade pattern is called DRAGON tyre. The plaintiff is having a good market by manufacturing the product with the said tread pattern.

3. Now that it comes to the knowledge of the plaintiff that the respondent is also following the same tread pattern of plaintiff’s DRAGON tyre for its product. Once a design is registered, the plaintiff is entitled to have the same for a period often years and on the basis of which ex parte interim injunction was granted on 29.3.2006 in favour of the plaintiff, that is sought to be vacated by the defendant who filed this application.

4. The plaintiff has applied to the Controller of Designs at Calcutta for registration of the tread pattern as a design under the Designs Act 16 of 2000 and the same was registered on 7.6.2005 and a certificate of registration was