In Brief
A dispute arose over jurisdiction when S.D. Containers sued Mold Tek for infringement of registered container and lid designs. Mold Tek sought cancellation of those designs, triggering Section 22(4) of the Design Act, 2000, which requires transfer to the High Court. The Commercial Court transferred the suit to Calcutta High Court; the Madhya Pradesh High Court reversed this, holding the Commercial Court was competent. The Supreme Court held Section 22(4) mandates transfer to the High Court where the cause of action arises. The Commercial Courts Act, 2015 does not override this for High Courts without ordinary original jurisdiction. Sections 19 and 22 are independent remedies. The suit must be transferred to the Madhya Pradesh High Court, Indore Bench, where it was originally filed.
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