In Brief
S.D. Containers (plaintiff) sued Mold Tek Packaging (defendant) in the Commercial Court at Indore for infringement of registered container and lid designs. Mold Tek's defense sought cancellation of those registrations. Under the Design Act 2000 Section 22(4), when a defendant raises such a cancellation defense, the suit must transfer to the High Court. The Madhya Pradesh High Court transferred it back to the Commercial Court, but this Court held the transfer mandatory and the proper forum was the Madhya Pradesh High Court at Indore (where the cause of action arose). The Court set aside the High Court's order and remitted the suit for decision on merits by the Madhya Pradesh High Court.
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