ASTRAL POLYTECHNIC LIMITED Vs. ASHIRVAD PIPES PRIVATE LIMITED

JUDGEMENT

(1.) THIS writ petition is filed by the second defendant in OS 27080/2007 challenging the order passed on an interlocutory application under Sec. 22 (4) of the Indian Designs Act, 2000 wherein the trial court has refused to transfer the suit to the High Court.

(2.) FOR the purpose of convenience, the parties are referred to as they are arrayed in the trial court.

(3.) THE plaintiff M/s Ashirvad Pipes Pvt. Ltd. , filed a suit against M/s Vijay Steel Tubes and Fittings Private Limited, for a declaration that the defendants or their men are not entitled to. manufacture, sale, use or offer for sale, the PVC Pipes and fittings produced with the list to the plaint, manufactured by the defendants, which infringes the rights, benefits and privileges granted under the Design Registration No. 203491 and Design Registration No. 203492 by the Patent Office of the Government of India in favour of the plaintiff and for a perpetual injunction restraining the defendants from applying, copying, dealing with or selling or from doing such other act, resulting into taking the features and element of the plaintiff's design, a registered product which infringes the intellectual property rights of the plaintiff and for a direction to the defendant to render in detail accounts showing the entire quantum of infringing products manufactured and sold by the defendant through out and for a direction to hand over the impugned product pipes and for consequential reliefs.