SOUMEN SEN,J. - (1.) Apparent conflicting decisions of the respondent No.1 concerning the designs of the petitioner in respect of a seal has given rise to this appeal.
(2.) Two separate applications for cancellation of the same design, namely, Design No.200628 under Class 09-07 registered on 2nd August, 2005 for the article 'Seal for packaging' in the name of Patel Brothers were heard by the same controller on two different dates, namely, 29th May, 2012 and 24th September, 2012, respectively.
(3.) The application filed by Ganesh Plastic Industries for cancellation of the said registered design was heard on 29th May, 2012 and the judgment was delivered on 13th March, 2013 allowing cancellation whereas a similar petition filed by Artiben Subhashbhai Panchal, proprietor of Atlas Plastic heard on 24th September, 2012 was disposed of by a judgment dated 13th March, 2013 rejecting the said application for cancellation. The grounds stated in both the petitions 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 has been published in India or in any other country 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 Designs Act , 2000, 5. That the design is not a design as defined under clause (d) of Section 2 of the Act. ;