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Judgment
B.V. Nagarathna, J.—Office has raised an objection regarding the maintainability of the Original Suit filed before this Court. The prayers sought by the plaintiff in the suit are as follows:
a. Director the defendant to pay Rs. 50,000/- towards damages caused due to infringement of the proprietary rights held by the plaintiff under the Certificate of Registration bearing no. 213535.
b. Direct the defendant to repay all the profits earned by usage of the design for which the plaintiff holds the proprietary rights.
c. Issue an order of permanent injunction directing the defendant and his agents not to use the above design forthwith.
d. Impose such exemplary cost as this Hon''ble Court may deem fit in the interest of justice and equity.
Such prayers prima facie come within the scope of clause (b) of sub-Section (2) of Section 22 of the Designs Act, 2000. Second proviso to sub-clause (b) of the Act states that a suit or any other proceeding for relief in this sub-section can be instituted in a Court which is not below the Court of District Judge. In case sub-Section (4) of Section 22 applies, then, the District Court shall transfer such proceeding to the High Court for its decision. In that view of the matter, the suit is not maintainable before this Court.
At this stage, the learned Counsel for the plaintiff seeks permission to withdraw the suit with liberty to file the same before the appropriate Court. In the circumstances, the suit O.S. No. 2/2013 is dismissed as not maintainable before this Court.
However, the plaint is returned to be presented to the appropriate District Court by 13.11.2013. Office to return forthwith the plaint and all its annexures to the plaintiff''s counsel for the aforesaid purpose.