SYMPHONY LTD Vs. WIM PLAST LTD

JUDGEMENT

(1.) THE plaintiff appears to have originally preferred a suit being Civil Suit No.566 of 2015 in the City Civil Court at Ahmedabad for permanent injunction against the piracy of registered design under Section -22 of the Designs Act, 2000 and for recovery of damages from the defendants and as there was no ex -parte order granted in favour of the plaintiff, they have preferred Special Civil Application No.4624 of 2015, wherein, initially this Court on 17.03.2015, passed an order issuing notice and making it returnable on 23.03.2015, whereby, an ad -interim relief came to be granted. The respondents were restrained from marketing, selling, advertising directly and/or indirectly dealing in 'Air Cooler', which have the same design, shape, configuration and design identical too and/or imitate of the petitioner's design bearing No.194305; 198241; 227069; 221068. On 26.03.2015, in the proceedings of Special Civil Application No.4624 of 2015, the Court passed an order taking note of the fact that in view of the Provision of Sub -section (4) of Section -22 of the Designs Act,2000, the suit is required to be transferred by the trial court to this Court and there was consensus between the parties. The following order was passed by this Court: -

(2.) THE said ad -interim relief came to be granted and ordered to be extended time and again during the hearing of the suit for interim -relief. The Court while adjourning the matter, has infact recorded unequivocally in its order that the hearing is going on and hence, ad -interim relief which came to be granted earlier is to be continued as requested by the counsels as the matter is going on day -to -day basis and counsels were agreed in respect of grant of interim -relief and justification thereof and not grant vacation of interim -relief.

(3.) THE facts, in brief as required to be narrated for apprehending the controversy, are set out as under: - 3.1 The plaintiff is a Public Limited Company and the defendant no.1 is also a Public Limited Company duly registered and carrying on its respective business. The defendant no.2 is said to be a firm and sister concern of the defendant no.1 and the defendant no.3 appears to be a dealer appointed by the defendant in Ahmedabad territory. The defendants' products are being sold under the mark 'CELLO'. The plaintiff is a manufacturing and selling of Air Cooler. The plaintiff is operating under the trade -name of 'Symphony' and the turn over of the plaintiff is claimed to be around Rs.450 crores for the financial year 2013 -14.