A N Polymers Pvt Ltd v. Kent Ro Systems Ltd & ORS
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 151/2022, CM APPL. 66544/2023 A N POLYMERS PVT LTD ..... Appellant Through:
Ms Manisha Singh, Mr Abhai Pandey, Mr Varun Sharma, Mr Gautam Kumar, Mr Manish Aryan and Ms Swati Mittal, Advocates versus KENT RO SYSTEMS LTD & ORS ..... Respondents Through:
Ms Rajeshwari H. and Mr Deepanshu Nagar, Advocates
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 18.01.2024 FAO (COMM) 151/2022, CM APPL. 66544/2023 1.
The appellant has filed the present appeal impugning the order dated 16.04.2019, whereby the learned Judge had disposed of the applications filed under Order 39 Rule 1 and 2 CPC and Order 39 Rule 4 CPC. In terms of the said order, the learned Commercial Court had confirmed the interim order dated 27.12.2018, whereby the appellant was restrained from infringing the respondent's design bearing no. 219309. 2.
The learned Commercial Court was prima facie of the view that the appellant had copied the said design in its product design no.291213. 3.
Learned counsel for the parties state that the issues involved in the present dispute have been rendered academic as the term of the registered design bearing no. 219309 has expired on 17.10.2023. FAO (COMM) 151/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 23:51:30
4.
In view of the above, the present appeal is disposed of observing that the restraint in terms of the impugned order is no longer operative. 5.
The next date of hearing i.e., 22.02.2024 stands cancelled. VIBHU BAKHRU, J TARA VITASTA GANJU, J JANUARY 18, 2024 g.joshi Click here to check corrigendum, if any FAO (COMM) 151/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 23:51:30