Commercial Courts - Indore
Commercial Courts - Indore
Commercial Courts - Indore
2156/2020
(VIVEK RUSIA)
JUDGE
hk/
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the Design Act, 2000 and has averred that the salient features
in the Plaintiff’s Designs lack novelty and originality and
that designs with similar features have been published in
India or any other country before the date of registration, and
hence both the Designs are liable for cancellation under
Section 19(1). The Defendant further submitted that having
availed the grounds under Section 19 of the Design Act,
2000 as the ground of defence, Section 22(4) of Act comes
into force and the trial Court must transfer the suit to the
High Court. Thus, as soon as a defence on any of the
grounds as provided under Section 19 (1) of the Act is taken
in the written statement filed by the Defendant, Section 22
(4) of the Act the District Court becomes functus officio, and
the Suit is mandatory to be transferred to the High Court of
that territorial jurisdiction. However, the defendant by way
of the application filed under Section 22(4) of the Act prayed
before the Court for transfer of the suit to the High Court of
Madhya Pradesh, Indore Bench.
I have heard learned counsel for the parties and
perused the record.
9. In my considered opinion, the following issues require
consideration in this case.
(1) Whether the learned Judge has erred in
transferring the proceeding of the civil suit
from Commercial Court to the High Court
under the provision of section 22(4) of the Act
of 2000?
(2) Whether the proceeding of the civil suit is
liable to be transferred to the High Court of
Calcutta or Commercial Court at Indore by
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pecuniary value which shall not be less than three lakh ru-
pees and not more than the pecuniary jurisdiction exercis-
able by the District Courts, as it may consider necessary.];
3[(1A) Notwithstanding anything contained in this Act, the
State Government may, after consultation with the con-
cerned High Court, by notification, specify such pecuniary
value which shall not be less than three lakh rupees or such
higher value, for whole or part of the State, as it may con-
sider necessary.];
(2) The State Government shall, after consultation with the
concerned High Court specify, by notification, the local
limits of the area to which the jurisdiction of a Commercial
Court shall extend and may, from time to time, increase,
reduce or alter such limits.
(3) The 4[State Government may], with the concurrence of
the Chief Justice of the High Court appoint one or more
persons having experience in dealing with commercial dis-
putes to be the Judge or Judges, of a 5[Commercial Court
either at the level of District Judge or a court below the
level of a District Judge].
3A. Designation of Commercial Appellate Courts.—Ex-
cept the territories over which the High Courts have ordi-
nary original civil jurisdiction, the State Government may,
after consultation with the concerned High Court, by noti-
fication, designate such number of Commercial Appellate
Courts at District Judge level, as it may deem necessary,
for the purposes of exercising the jurisdiction and powers
conferred on those Courts under this Act.]
4. Constitution of Commercial Division of High Court.
—(1) In all High Courts, having 7[ordinary original civil
jurisdiction], the Chief Justice of the High Court may, by
order, constitute Commercial Division having one or more
Benches consisting of a single Judge for the purpose of ex-
ercising the jurisdiction and powers conferred on it under
this Act.
(2) The Chief Justice of the High Court shall nominate
such Judges of the High Court who have experience in
dealing with commercial disputes to be Judges of the Com-
mercial Division.
5. Constitution of Commercial Appellate Division.—
(1) After issuing notification under subsection (1) of sec-
tion 3 or order under sub-section (1) of section 4, the Chief
Justice of the concerned High Court shall, by order, consti-
tute Commercial Appellate Division having one or more
Division Benches for the purpose of exercising the juris-
diction and powers conferred on it by the Act.
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(VIVEK RUSIA)
JUDGE