Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Design Act Commercial Courts Act 2015 ss. 19 and 22 s. 3 2000 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Patents and Designs Act, 1911 (2 of 1911) Designs Act, 2000 (16 of 2000) Commercial Courts Act, 2015 (4 of 2016) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Design Act, 2000 – ss. 19 and 22 – Commercial Courts Act,2015 – s. 3 – Plaintiff/respondent filed suit for declaration andpermanent injunction to restrain the appellants from either directlyor indirectly copying, using or enabling others to use the plaintiff ’sdesign of container and lid registered – The defendant/appellantfiled written statement along with the counter-claim before theCommercial Court, inter-alia sought cancellation of the registereddesigns as same could not be registered in terms of s. 4(a) of the2000 Act – The appellant also filed an application u/s. 22(4) r/w. s.19(2) of the Design Act, 2000 to transfer the suit to the MadhyaPradesh High Court, Indore Bench – The District Judge allowedthe said application and transferred the suit to the Calcutta HighCourt – The said order was challenged before the Madhya PradeshHigh Court – The High Court relied upon Godrej Sara Lee Ltd caseand held that an application for cancellation of registration of designwould lie to the Controller exclusively without the High Court havinga parallel jurisdiction to entertain such matter because the appealsfrom the order of the Controller lie before the High Court – Onappeal, held: In the Godrej Sara Lee Ltd., it was held that anyapplication for cancellation of registration u/s. 19 could be filedonly before the Controller and not to the High Court – Therefore, inthese circumstances, it was held that the High Court would be entitledto assume jurisdiction only in appeal – It was not a case of suit forinfringement in which the defendant has raised a plea of revocationof registration which is required to be transferred to the High Courtin terms of s. 22(4) of the 2000 Act – Such judgment was wronglyrelied upon by the High Court – The order of the Commercial Courtof the District Level is in accordance with law – However, the viewof the Commercial Court to transfer such suit to Calcutta High Courtis not correct – The High Court where the cause of action ariseshas the jurisdiction to entertain the suit – Since, no part of cause ofaction has arisen within the jurisdiction of Kolkata, the suit is liableto be transferred to Madhya Pradesh High Court, Indore Bench –The order of the High Court is not sustainable – The matter remittedto the High Court of Madhya Pradesh, Indore Bench to decide thesuit in accordance with law. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2020 INSC 668 |
Petitioner | S. D. Containers Indore |
Respondent | M/s. Mold Tek Packaging Ltd. |
SCR | [2020] 12 S.C.R. 1104 |
Judgement Date | 2020-12-01 |
Case Number | 3695 |
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