SOUMEN SEN,J. - (1.) The appeal is directed against an order dated 10th December, 2014 under Section 36 of the Designs Act, 2000 by which the application for cancellation of the design registered on 7th May, 2009 being registered design No.222799 in respect of 'Bottle Cap' in Class 09-01 in the name of Anuradha Doval was allowed.
(2.) The novelty statement endorsed in each representation sheet reads :- "The novelty of the said design resides in the shape and configuration of "Bottle Cap" as illustrated."
(3.) The private respondent applied for cancellation of the registered design of the appellant on 24th December, 2012. The ground stated in the petition for cancellation under Section 19 of the Designs Act, 2000 were:- 1. That the design has been previously registered in India. 2. That the design was published prior to the date of registration. 3. That the design is not a new or original design. 4. That the design is not registrable under the Act. 5. That it is not a design as defined under clause (d) of Section 2 of the Act. ;