N.M. Jamdar, J.

1. The trial Court by the impugned order has restrained the appellant-defendant 'Videocon Industries Ltd., from marketing a certain design of washing machine. According to respondent-plaintiff M/s.Whirlpool India Ltd., the appellant M/s.Videocon Industries Limited has infringed the designs registered by M/s Whirlpool India Ltd. and is also guilty of passing off the said product.

2. The respondent M/s Whirlpool India Ltd (referred hereinafter as 'Whirlpool') filed suit bearing Suit (lodging) No.1675 of 2012 in this Court seeking an injunction invoking provisions of the Designs Act, 2000 (hereinafter referred to as the 'said Act') against appellant M/s Videocon Industries Pvt. Limited (hereinafter referred as 'Videocon').

3. In the suit Whirlpool contended: It had registered two designs of washing machines on 15th July, 2009. The designs were registered for shape and configuration of washing machines in Class No.15-05. The designs were:

(a) Design No.223833 filed on 15th July 2009 and granted on 30th December 2009 in class 15-05 with respect to Washing Machine; and

(b) Design No.223835 filed on 15th July 2009 and granted on 31st December 2009 in class 15-05