BRIGHTO AUTO INDUSTRIES Vs. RAJ CHAWLA

JUDGEMENT

(1.) , B.Chawla & Sons a firm owned by Raj Chawla, is manufacturing rear view mirrors. Their design of this mirror was registered at No. 139585 in class I under the Designs Act, 1911 on 28-2-1972. The present petition has been preferred by Messrs Brighto Auto Industries, a partnership firm, engaged in manufacture of various articles, including rear view mirrors, for the cancellation of the aforesaid design. It has been urged that Messrs B. Chawla & Sons' design was not a new design, that it had no originality about it, that such designs were common in the market and that the respondents made a false claim as to their being originators of the said design before the Controller of Patents and Designs to obtain the impugned registration. According to the petitioners they are hindered in their trade by the registration of the aforesaid design and being aggrieved they are interested to apply for its removal from the register.

(2.) The respondents have controverted the petitioners' pleas and urged that the design in question was invented by them after a good deal of hard labour.

(3.) The parties have got the petition tried on the one following issue: