The applicants were the two companies in the business of buying empty beer & paper from small merchants in Tamil Nadu. The protected bottles were then routed to Madhya Pradesh and Karnataka for the purpose of recycling. The petitioners claimed they were concerned in the business for more than thirty years & have required approval to do so. The claim of the applicant that two government authorities that are Regional Transport Officer & the Local Inspector of Police dishearten them from carrying out such activity.
It was found that some bottles acquire Design Registration under the Act by certain distilleries. The imposition agencies argued that such transportation is illegal from the point of view of the Design Act. Actually, the FIR has been filed against the applicants, alleging Section 406 of IPC and Section 22 of the Design Act. The applicants claimed that the proposed agencies were not permitted their vehicle to pass and that no one could be stopped from transporting bottles in such a way without an injunction from a court.
The High Court discarded the petitions by announcing that they were without merit and their claim was indistinct; therefore, no blanket order could pass for this objective. Evidently, while making the design judgements, Court considers the impact of the infringement on other section as well.