In Brief
S.D. Containers filed a suit for infringement of its registered designs against M/S. Mold Tek Packaging. The defendant sought cancellation of the designs and filed an application to transfer the suit to the High Court. The Commercial Court transferred it to Calcutta High Court, but the Madhya Pradesh High Court set this aside, saying Commercial Courts could handle the matter. The Supreme Court held that Section 22(4) of the Design Act mandates transfer to a High Court when cancellation is sought as a defence. However, transfer must be to the High Court where the cause of action arose (Indore, not Calcutta). The Court clarified that Sections 19 and 22 provide independent remedies for different circumstances and persons; one does not exclude the other. Appeal partly allowed; matter remitted to Madhya Pradesh High Court.
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