RADHA ENGINEERS Vs. YOUNGMEN ELECTRICLAS

JUDGEMENT

(1.) S.S.Chadha : This is an application under Section 51-A of the Designs Act, 1911 in which the petitioner has sought the cancellation of registered Design No. 147,334 dated 15th July 1968 registered in favour of the respondent.

(2.) The petitioner claims that he was doing the business of manufacturing and selling Frinders, Mixer-cum-grinder, Juicer, Mixer etc. since the year 1976 under the name and style of M/s Radha Engineers, that since the year 1977, the petitioner has been manufacturing Mixer-cum-Grinder of a particular ^ design under the trade mark 'Radha' and that the respondent get the designs of Grinder an Mix-er-cum-Grinder registered under nos. 147,333 and 147,334 both dated 15th July 1978. The basis of the claim for cancellation of the registered design no. 147,334 madeby the petitioner is that the deisgn of Mixer- cum-Grinder of which the respondent has fradulently obtained registration thereof under no. 147,334 was previously published in Indian and it is a well known design of 'Kanwood' (America), already in existence in India much; prior to the date of its registration.

(3.) The respondent in the written statement has denied the claim of the petitioner for cancellation of the registration. The defence is that the respondent after making a research on a novel design of Mixer-cum-Grinder chose the design in 1978 and get it registered under No. 147,334. The plea is that the design of the respondent's Mixer-cum-Grinder was new and original and that such a design was never published in India prior to the registration of the said design in favour of the respondent.