DART INDUSTRIES INC. Vs. VIJAY KUMAR BANSAL

JUDGEMENT

(1.) Ia No.15881/2011 (of plaintiffs u/O XXXIX R-1 & 2 CPC)

(2.) The suit came up first before this Court on 30th September, 2011, when, though summons of the suit and notice of the application for interim relief were ordered to be issued but no interim relief granted, reasoning that the defendants had also registered a design of their product and certificate in which regard had been handed over by the counsel for the defendants appearing on seeing the matter in the Cause List. No substantial progress save for completion of pleadings was made in the suit till the pronouncement of the three Judge Bench decision in Mohan Lal Proprietor of Mourya Industries Vs. Sona Pain & Hardwares, 2013 55 PTC 61 (Del) holding a composite suit for infringement of design and passing off to be not maintainable. Accordingly, vide order dated 4th October, 2016, the plaintiffs were asked to elect, whether they wanted to pursue this suit as one of infringement of design or one for passing off. The plaintiffs filed IA No.12801/2016 for deleting from the plaint all averments relating to infringement of design and confining the suit for the reliefs claimed on the ground of passing off only. The said application was allowed on 18th October, 2016.

(3.) The plaintiffs filed FAO(OS)(COMM) No.103/2016 against the order dated 4th October, 2016 asking the plaintiffs to elect.