(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Applicant complains of breach of order dated 9.2.11 passed by the learned Single Judge in Civil Application No.471 of 2010 in Civil Suit No.3 of 2010 filed by the respondent herein. In the said order, the court recorded that there was consensus between the parties that the defendant may manufacture any machine which is not similar in shape and configuration as of Registered design No.222514 in Class 15.05 of the plaintiff.
Counsel for the applicant pointed out that on such basis, suit also came to be disposed of on 5.8.2011.
Case of the applicant is that despite such understanding which was recorded by the Court and also on the basis of which the suit of the present applicant was disposed of, the respondent has started manufacturing machinery with the same design.
In contempt proceedings, we are not inclined to examine the finer details of the design of the machinery manufactured by the respondent. If the applicant is of the opinion that such manufacturing activity is in breach of any law, it would be open for the applicant to take remedial measures that may be available under law. For such purpose, the applicant, if so advised, may also move a fresh suit before the competent court.
With the above observations, these proceedings are disposed of.
(Akil Kureshi J.) (C.L.Soni, J.) (vjn) Top