KHAITAN I LIMITED Vs. METROPOLITAN APPLIANCES

JUDGEMENT

(1.) THIS is a motion for cancellation of the respondent's design on ceiling fans, bearing registered No 161219 dated 25th July 1989 erroneously mentioned as No. 161129 in the prayer portion.

(2.) THE application is made under the Designs Act of 1911. Large portions of the original Act. Being the Patents and Designs Act, 1911 were subsequently deleted so as to bring about a separate legislation for Patents, which is the Patents Act, 1970.

(3.) THE case was, with respect, excellently argued on both sides Mr. Samaresh Chakraborty appearing for the petitioner, and Mr. Biswarup Gupta for the respondents. I have had the advantage of the citation of many authorities and the best possible assistance that can be had from the Bar.