Soumen Sen, J. - (1.) The appeal is directed against an order dated 31st January, 2012 under Section 36 of the Design Act, 2000 by which the application for cancellation of the design no. 202108 registered on 11th November, 2005 for article "Coaster Brake Sub Assembly" under Class 12- 11 in the name of the private respondent, namely, International Cycle Gears, was rejected.
(2.) In AID No. 3 of 2012 an appeal by International Cycle Gears in relation to "Coaster Brake Hub" I have held that the controller was justified in cancelling the registered Design No.201728 dated 11th May, 2007, in respect of 'Coaster Brake Hub' in Class 12-11.
(3.) The present appeal which was heard along with AID 3 of 2012 as same and the similar points arose with the only difference being that the definition of "Article" in relation to "Design" in this appeal requires a deeper consideration in view of the submissions made by the parties.;