SACHDEVA METAL WORKS Vs. MODERN FAN INDUSTRIES

JUDGEMENT

(1.) THIS application has been moved by the petitioner under Order 11 Rules 12 and 14 Civil Procedure Code. whereby the petitioner wants from the respondent the production of its bill books, sales vouchers, sales invoices, Challan Books, price lists, advertisement materials, pamphlets and the original registration certificate for inspection. In para 6 of the reply it is pointed out by the respondent that the respondent does not mention the registered design and does not exhibit any design on its bill book. THIS assertion is supported by an affidavit deposed to by Shri Avtar Singh one of the partners of the respondent firm, so, in view of this assertion the prayer of the petitioner for the production of the bill books, etc. does not arise.

(2.) REGARDING the production of the original registeration certificate in respect of the new design of Cooler/grill it is pointed out by the learned counsel for the respondent that the registration of the design under No. 155075 had taken place on 21-11-1984 and since then one year has passed for which reason the petitioner is entitled to obtain copy of the design from the office of the Registrar of Designs. It is pertenent to point out from para 7 of the application of the petitioner that the petitioner has mentioned that as the period of one year since the registration of the design has not expired the petitioner is not entitled to get a copy of the registration certificate of the design in question and this objection now automatically goes on the expiry of the period of one year. Thus, the application is now dismissed with no order as to costs. Sd/- J. Jagdish Chandra