HARISH CHHABRA Vs. BAJAJ ELECTRICALS LTD

JUDGEMENT

(1.) The present petition has been filed inter aiia seeking relief that the design registered by the respondent No. 1 being design No. 163381 dated 5-7-1991 in class-1 be cancelled and the second respondent should be directed to expunged and or remove the entry of the said registration from the register of designs. Some of the material facts are as under :

(2.) The petitioner before this Court is claiming to be carrying on business in manufacturing ceiling fans of various designs in the name and style of Siri Ram and Sons. The petitioner is claiming that he was carrying on the aforesaid business for many years and he is also claiming to be the registered sole proprietor of various designs of electrical fans including the design in respect of the dome (the central motor body) of ceiling fan together with canopy registered under No. 167584 in class 1. The respondent No. 1 is also a manufacturer of ceiling fans and the claiming to be an inventor of a design of a part of the ceiling fans being decorative ring on the central part of the ceiling fan. However, the registration of the said design claimed by the respondent No. 1 and consequently granted by the second respondent is not in respect of any part invented by the first respondent but is in respect of the ceiling fan as a whole.

(3.) It is the case of the petitioner that in 1994 he conceived a new and original design for the central motor body hub part of ceiling fan known as dome with a canopy in respect of ceiling fan. It is his case that when he made an application for registration under class 1 under the Design Act, 1911 the office of the second respondent registered the said design under number No. 167584 dated 2-6-1984 in class I.