S.D. CONTAINERS Vs. M/S. MOLD TEK PACKAGING LTD
LAWS(SC)-2020-12-53
SUPREME COURT OF INDIA
Decided on December 01,2020

S.D. Containers Appellant
VERSUS
M/S. Mold Tek Packaging Ltd Respondents




JUDGEMENT

HEMANT GUPTA,J. - (1.)The present appeal has been filed to challenge an order passed by the Madhya Pradesh High Court, setting aside an order dated 23.03.2020 transferring the suit under Section 22(4) of the Design Act, 20001 to the Calcutta High Court. It is the said order which was set aside by the High Court on 1.9.2020 directing that the Commercial Court, Indore is itself competent to decide the suit in terms of the Commercial Courts Act, 20152.
(2.)The plaintiff/respondent herein filed a suit for declaration and permanent injunction to restrain the appellants from either directly or indirectly copying, using or enabling others to use the plaintiffs design of Container and Lid registered under Design Application Nos. 299039 and 299041 respectively.
(3.)In the said suit, the defendant/appellant had filed a written statement along with the counter-claim before the Commercial Court, inter alia seeking cancellation of the abovementioned registered designs for the reason that the said designs were not new or original and hence could not be registered in terms of Section 4(a) of the 2000 Act. The appellant also filed an application under Section 22(4) read with Section 19(2) of the 2000 Act to transfer the suit to the Madhya Pradesh High Court, Indore Bench. It is the said application which was allowed by the learned District Judge and the suit was thus transferred to the Calcutta High Court.
1 for short the 2000 Act

2 for short the 2015 Act

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