IP Case Digest · Designs

Ms Lalita Goyal Proprietor Of Ms Baby Wheels India v. Sumit Garg, FAO (COMM) 125/2025 and CM APPL. 29277/2025

Case number
FAO (COMM) 125/2025
Date of judgment
Judge
C. Hari Shankar
Outcome
Set aside

Headnote

Appeal allowed on a jurisdictional point of real practical importance in design litigation. Where a defendant pleads invalidity of the registered design in its written statement, section 22(4) requires the suit to be transferred to the High Court for decision, and the Court held that the Commercial Court could not avoid that mandate by regarding the defence as vague or insubstantial.

Read the judgment (PDF)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.