KENT RO SYSTEMS LTD Vs. JAIDEEP KISHNANI

JUDGEMENT

(1.) This application is filed by the defendants under Order 11 Rule 1 (10) of the Code of Civil Procedure seeking leave of the court to file additional documents.

(2.) It is stated that the present suit was filed in the District Court alleging infringement of plaintiffs design. In view of various grounds and defences taken by the defendants/applicants in the written statement and in view of Section 22 (4) of the Designs Act, 2000, the suit was transferred to this court on 11.02.2019.

(3.) It is pleaded that under the scheme of the Designs Act, a design registration can be obtained for new or original features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article. It is stated that in the plaint the plaintiffs have nowhere stated what exactly is the novelty claimed in respect of design Nos.262661 & 252225. All that is stated is The product using design No.262661 being octagonal in shape is unique .