S. D. CONTAINERS INDORE versus M/S. MOLD TEK PACKAGING LTD.

S. D. CONTAINERS INDORE versus M/S. MOLD TEK PACKAGING LTD.

The Court held that Section 19 cancellations initiated before the Controller are distinct from revocation pleas raised as a defence in a civil suit under Section 22(3); Godrej Sara Lee is limited to Controller-initiated cancellations and High Court jurisdiction there is appellate; where a revocation ground under Section 19 is relied on as a defence in a suit under Section 22, the suit must be transferred to the appropriate High Court under Section 22(4); because no part of the cause of action arose in Kolkata the transfer to the Calcutta High Court was incorrect and the matter is remitted to the Madhya Pradesh High Court, Indore Bench to decide the suit in accordance with law.

Parties
Appellant: S. D. CONTAINERS INDORE; Respondent: M/S. MOLD TEK PACKAGING LTD.
Jurisdiction
India
Judgment Date
01 December 2020
Procedural Posture
Civil Appeal / Appeal to Supreme Court Challenging Order of Madhya Pradesh High Court Setting Aside Transfer Order
Outcome
Order of the Madhya Pradesh High Court set aside; matter remitted to the High Court of Madhya Pradesh, Indore Bench to decide the suit in accordance with law
Legal Topics
Jurisdiction, Transfer of Suit, Cancellation/revocation of Registered Design, Infringement
Design Act, 2000 Commercial Courts Act, 2015 Intellectual Property Law Civil Procedure Jurisdiction Transfer of Suit Cancellation/revocation of Registered Design Infringement

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Parties

S. D. CONTAINERS INDORE

Appellant

M/S. MOLD TEK PACKAGING LTD.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Challenging Order of Madhya Pradesh High Court Setting Aside Transfer Order

Legal Issues

  1. 1 Whether a civil suit in which a defendant raises a plea for cancellation/revocation of a registered design must be transferred to the High Court under Section 22(4) of the Designs Act, 2000
  2. 2 Whether cancellation of a registered design under Section 19 of the Designs Act, 2000 can be instituted only before the Controller and the High Court has jurisdiction only in appeal against the Controller’s order
  3. 3 Interaction between the Designs Act, 2000 and the Commercial Courts Act, 2015 with respect to venue and jurisdiction

Ratio Decidendi

The Court held that Section 19 cancellations initiated before the Controller are distinct from revocation pleas raised as a defence in a civil suit under Section 22(3); Godrej Sara Lee is limited to Controller-initiated cancellations and High Court jurisdiction there is appellate; where a revocation ground under Section 19 is relied on as a defence in a suit under Section 22, the suit must be transferred to the appropriate High Court under Section 22(4); because no part of the cause of action arose in Kolkata the transfer to the Calcutta High Court was incorrect and the matter is remitted to the Madhya Pradesh High Court, Indore Bench to decide the suit in accordance with law.

Court Disposition

Order of the Madhya Pradesh High Court set aside; matter remitted to the High Court of Madhya Pradesh, Indore Bench to decide the suit in accordance with law

Orders

  • The order of the High Court is set aside
  • The matter is remitted to the High Court of Madhya Pradesh, Indore Bench to decide the suit in accordance with law