B CHAWLA AND SONS Vs. BRIGHT AUTO INDUSTRIES

JUDGEMENT

(1.) The short point arising in this appeal against the judgment dated December 24, 1976 of M. S. Joshi, J. is : Whether the design of M/s. B. Chawla & Sons, hereinafter referred to as the appellants in respect of mirror registered at No. 139585 in class I under the Indian Patents & Design Act, 1911 (the Act), on February 28, 1972, is a "new or original" design.

(2.) M/s. Bright Auto Industries, hereinafter referred to as the respondents, engaged in manufacturing of various articles including rear view mirrors, prayed for cancellation of the aforesaid design of the appellants under section 51A of the Act contending that the design of the appellants was not a new 325 design and that it had no originality about it in that such designs were common in the market and the appellants had made a false claim to be the originators of the design before the controller of Patents & Designs to obtain the impugned registration. The grievance is that they were hindered in their trade by the registration.

(3.) The appellants controverted these pleas, saying that they had invented the design after a good deal of hard labour.