Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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SC upheld the HC's decision rejecting the application under Order VII Rule 11 of CPC. The court established a two-pronged test for determining whether a work qualifies as a 'design' under the Designs Act, focusing on: (i) the nature of the artistic work and its industrial application, and (ii) the functional utility of the work. The Commercial Court was directed to conduct a comprehensive trial within one year, independently assessing the infringement claims and the true nature of the Proprietary Engineering Drawings, and to decide on the interim injunction application within two months.
SC upheld the HC's decision rejecting the application under Order VII Rule 11 of CPC. The court established a two-pronged test for determining whether a work qualifies as a 'design' under the Designs Act, focusing on: (i) the nature of the artistic work and its industrial application, and (ii) the functional utility of the work. The Commercial Court was directed to conduct a comprehensive trial within one year, independently assessing the infringement claims and the true nature of the Proprietary Engineering Drawings, and to decide on the interim injunction application within two months.
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