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Madras High CourtA/4183/2024allowed

Versuni India Home Solutions Limited v. Maya Appliances Private Limited And 2 Others

2025-12-01Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.

in C.S.

(Comm.Div.) No.

Versuni India Home Solutions Limited Office at Futura Tech Park Q4 4th Floor Block B #334 Rajiv Gandhi Salai Sholinganallur Chennai ... Applicant -vsMaya Appliances Private Limited Having its registered office at 10/5, Royal Enclave, Besant Avenue, Adyar, Chennai 600 020 and having office at 3/140, IT Highway, Oggiyam, Thoraipakkam, Chennai 600 097, Represented by its Authorized Signatory Mr.E.Mohan and 2 others ... Respondents For Applicant : Mr.K.Premchandar For Respondent : Ms.Swadhhi Tyagi for M/s.Arun C.Mohan for R1 / Plaintiff **********

ORDER

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This application has been filed by the third defendant in the suit for framing additional issues.

2. Issues were framed in the suit on 27.06.2024. On the ground that the third defendant had pleaded in the written statement that the design registrations are liable to be revoked and that the patents are invalid, but SENTHILKUMAR RAMAMOORTHY,J rna issues were not framed in relation thereto, the present application has been filed.

3. On examining the written statement of the third defendant, I find that the invalidity of Patent Nos.452008 and 463327 has been expressly pleaded and specific grounds of invalidity have been raised. Similarly, the third defendant has expressly pleaded that seven design registrations of the plaintiffs are invalid on specific grounds. In view thereof, a case is made out for framing additional issues as requested for by the third defendant.

4. Learned counsel for the plaintiff also has no serious objection to the framing of additional issues.

5. Considering the aforesaid, the following additional issues are framed:

1.Whether Design Nos.264343, 264344, 276080, 272567, 272882, 272883 2/3

and 304676 are liable to be revoked under Sections 19 and 2 of the Designs Act, 2000?

2.Whether Patent Nos.452008 and 463327 are invalid as per Sections 3 and 25 of the Patents Act, 1970?

01.12.2025 (1/2) rna A.No.

in C.S.

(Comm.Div.) No.

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