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V Guard Industreis Limited vs Novateur Electrical And Digital ... on 25 January, 2023

Author: Manmohan

Bench: Manmohan

                              $~S-11
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     FAO(OS) (COMM)              14/2023,       CAV     58/2023   &   CM
                                    APPL.3657/2023
                                    V GUARD INDUSTREIS LIMITED                  ..... Appellant
                                                 Through: Mr.Parag Tripathi, Sr.Advocate,
                                                          Mr.Chander M.Lall, Sr.Advocate with
                                                          Mr.Sachin Gupta, Ms.Nishika Bajpai,
                                                          Mr.Lokesh Dhaka and Ms.Yashi
                                                          Agrawal, Advocates.
                                                 versus

                                    NOVATEUR ELECTRICAL AND DIGITAL SYSTEMS PRIVATE
                                    LIMITED                                      ..... Respondent
                                                 Through: Mr.Hemant Singh, Advocate with
                                                            Ms.Mamta Rani Jha, Mr.Shakti Nair
                                                            and Ms.Pragya Jain, Advocates.
                                    CORAM:
                                    HON'BLE MR. JUSTICE MANMOHAN
                                    HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                 ORDER

% 25.01.2023 CM APPLs.3655-3656/2023 (Exemption) Allowed, subject to all just exceptions.

Accordingly, the applications stand disposed of. FAO(OS) (COMM) 14/2023, CAV 58/2023 & CM APPL.3657/2023 Present appeal has been filed challenging the final order dated 04th January, 2023, passed by the learned Single Judge of this Court allowing the Respondent/Plaintiff's application under Order XXXIX Rules 1 and 2 CPC being I.A. No. 14683/2021 in CS (COMM.) No.567/2021 and the order dated 17th January, 2023 dismissing the Appellant/Defendant's Review Petition 18/2023.

Learned senior counsel for the Appellant states that the learned Single Judge wrongly held that a 'computer image of the switch plate' (concept 6 design) is not a 'design' under Section 2(d) of the Designs Act because it cannot constitute a depiction of the design in a tangible form as it was never applied to any physical article. He states that the learned Single Judge wrongly held that the computer image is a mere idea, and there being no prototype or a photograph of a prototype, communication of such concept would not constitute prior publication of the article. He submits that the impugned judgment is contrary to the Full Bench judgment of this Court in Reckitt Benckiser India Ltd. v. Wyeth Ltd., FAO (OS) 458/2009, which examined the concept of "tangible form".

Issue notice. Mr.Hemant Singh, learned counsel for the respondent, accepts notice. He prays for and is permitted to file the reply affidavit as well as additional documents within two weeks. Rejoinder affidavit, if any, be filed before the next date of hearing. Both the contesting parties are also directed to file short written submissions not exceeding three pages each a week prior to the next date of hearing.

List on 2nd March, 2023.

MANMOHAN, J SAURABH BANERJEE, J JANUARY 25, 2023/TS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:27.01.2023 19:11:44