VIVEK RUSIA
Mold-tek Packaging Ltd. – Appellant
Versus
S. D. Containers, Indore – Respondent
JUDGMENT
Vivek Rusia, J. - Being aggrieved by the order dated 23.3.2020 passed by the Commercial Court (District Court, Indore) whereby the civil suit has been transferred to Calcutta High Court under section 22(4) of the Design Act, 2000, the applicant/plaintiff has filed the present writ petition under Art. 227 of the Constitution of India.
Facts of the case, in nutshell, are as under:-
1. The applicant being a public limited company registered under the provisions of Companies Act, 1956 has filed the civil suit through its Managing Director (hereinafter referred to as "plaintiff''). The Plaintiff Company was established in the year 1985, and has been engaged in the business of manufacturing and selling rigid plastic packaging material including manufacturing of injection molded containers for lubes, paints food, etc.. The Plaintiff company also manufactures containers made out of rigid plastic of various sizes and shapes the paint industry, food industry, dairy industry, and lubricant industry. The Plaintiff is claiming the status of pioneers by way of their in house research and developmental activities in the area of their inventive and creative efforts for developing the varie
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