Karavadi & Associates Publications | Law Firm in Telangana, Andhra Pradesh

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The Jurisdiction over infringement suits in which the defendant seeks revocation of registration of design vests in High Court under S. 22(4) of the Designs Act, 2000, even when the High Court does not exercise original side jurisdiction. Operation of S. 22(4) of the 2000 Act is not affected by the Commercial Courts Act, 2015.

The Supreme Court held that the execution proceedings and original proceedings are separate and independent. An appeal under S. 23 of the Consumer Protection Act will not lie to Supreme Court against an order which has been passed in the course of execution proceedings. An appeal under S. 23 is maintainable against an order which has been passed by NCDRG on a complaint where the value of goods or services and compensation, if any, claimed, exceeds the threshold which is prescribed. Hence the appeal under S. 23 of the CP Act against the order in execution dismissed as being non-maintainable.

The Bombay High Court observed that an arbitral tribunal cannot apply public law principles on fairness and reasonableness. The Court held that “A writ court may well hold against a public body on a public law principle or by invoking Article 14; But an Arbitrator, constrained as he or she is by the contract, has no such power”.

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