ANURAG SANGHI Vs. KNITPRO INTERNATIONAL

JUDGEMENT

(1.) The petitioners Mr. Anurag Sanghi and M/s Sanghi International vide Transfer Petitions (C) 93/2018 and 94/2018 seek the withdrawal of the suit titled as Knitpro International Vs. Anurag Sanghi bearing TM No.178/2017 and TM No.179/2017 both pending in the Court of the ADJ-04, PHC, New Delhi to this Court and seek that the same be tried with the suit titled as Knitpro International Vs. Anurag Sanghi and Anr. bearing CS (COMM) NO.867/2018 already transferred to this Court. Since the issue involved in both the transfer petitions is the same, the two petitions are being disposed of by the common order.

(2.) The proceedings in CS (COMM) 867/2018 which suit bearing No. CS 918/2017 was instituted before the learned Court of the ADJ at Patiala House Court, New Delhi was transferred in terms of Section 22(4) of the Designs Act, 2000 to this Court vide order dated 12.04.2018 of the learned ADJ-04, PHC, New Delhi in view of the defence taken by the defendants to that suit i.e. the present petitioners herein which suit had been filed by the respondent to the present petitions i.e. M/s. Knitpro International as plaintiff thereof, with the defendants in the said suit i.e. the present petitioners having contended that the Court of the ADJ did not have any jurisdiction to consider the prayer for the cancellation of the design of the plaintiff of CS No.918/2017 i.e. the respondent herein.

(3.) The said suit was re-numbered as CS (COMM)867/2018 on receipt in this Court. The proceedings dated 11.05.2018 in CS (COMM) 867/2018 read to the effect: