Hon’ble Vivek Kumar Birla, J.—Heard Sri Ajay Sahani, learned counsel assisted by Sri Manu Khare and Sri Rahul Rajput, learned counsel for the appellant and Sri Shashi Nandan, learned Senior Counsel assisted by Ms. Sangeeta Sondhi and Sri Samit Gopal, learned counsel appearing for the respondent No. 1 and perused the record.

2. This appeal under Order 43 Rule 2 of the Civil Procedure Code (herein after referred to as ‘CPC’) has been filed by the defendant-appellant challenging the order dated 21.1.2016 passed by the Additional District Judge/Special Judge (SC/ST Act), Gautam Budh Nagar in C.S.(O.S.) No. 2 of 2015 (M/s Action Construction Equipments Limited v. R.N. Gupta & Company Limited and others). It has further been prayed that the aforesaid suit be ordered to be transferred to this Court. By the order dated 21.1.2016, learned Court below has allowed the interim injunction application 6-C under Order 31 Rules 1 and 2 CPC in favour of the plaintiff-respondent and has restrained the defendant-appellant and their legal representatives and employees from manufacturing, trading and selling the registered design Nos. 254816, 254817, 254819, 254823, 254825, 254826, 254818 and 254827 all dated 26.6.2013.

3. The facts of the present case in brief are that the plaintiff-respondent filed a suit for permanent injunction against the defendant-appellant and one M/s Navrang Constructions Private Limited-proforma respondent No. 2 herein with the allegation that the plaintiff-respondent is an innovator and legal proprietor of several designs in regard to tower cranes and its parts and which designs, according to the plaintiff-respondent, were new and original and were not previously published on the date of their application of registration i.e. 26.6.2013, which was granted by the Controller of Design, Kolkata in its favour for a period of ten years from the aforesaid date. The suit for injunction was filed primarily in the light of provisions of Section 22 of the Designs Act, 2000 (hereinafter referred to as the ‘Act, 2000’) being C.S.(O.S.) No. 2 of 2015 in the Court of Additional District Judge, Gautam Budh Nagar on 6.11.2015 against the appellant for an alleged infringement of the aforesaid 8 registered designs and also for reliefs from unfair competition, rendition of accounts, delivery etc. on the allegation that the tower cranes and their parts manufactured and are marketed by the defendant-appellant were an obvious and fraudulent imitation of the plaintiff-respondent’s above noted registered designs. Alongwith the said suit, an application for interim injunction being paper No. 6-C was also filed under the provisions of the Order 39 Rules 1 and 2 read with Section 151 CPC.

4. In the plaint case, it was stated that plaintiff being company was incorporated in the year 1995 and Research & Development Team was constituted and started developing and designing cranes. It was claimed that in the year 1993 based on its indigenous “Know-how” launched its tower cranes, commercial production of the said tower cranes was commenced and ever since the plaintiff-company are manufacturing and marketing the said tower cranes and is the market leader in the entire country. Large number of big companies including nationalized as well as foreign companies have been mentioned to which such tower cranes and their parts are being sold. It was also stated that for the last 20 years since 1997 the company is operating on independent basis and manufacturing models of Mobile Tower Cranes and Tower Cranes since 2010. It was further stated that the plaintiff has developed the noval design and apply that design to its industrial products and also get them registered under the Act, 2000. The suit was filed with the allegation against the defendant No. 1 (appellant herein) that it has made complete copies or substantial and colourable imitation of the tower cranes and its parts and that the defendant is infringing the design registration of the plaintiff i