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ALOK ARADHE, ANANT RAMANATH HEGDE
Prestige Estate Projects Ltd. – Appellant
Versus
Svn Prestige Garden – Respondent
JUDGMENT
Ms.Medhini Rao, learned counsel for Mr.Harikrishna S.Holla, learned counsel for the appellant.
None for the respondent though served.
1. This appeal under Section 13(1A) of the Commercial Courts Act, 2015, has been filed against the order dated 05.07.2022 passed in Com.O.S.No.943/2022 by the LXXXII Additional City Civil and Sessions Judge, Bengaluru (for short, 'the Commercial Court') by which the commercial Court has directed return of the plaint on the ground that the appellant has failed to comply with Section 12A of the Commercial Courts Act.
2. The facts giving rise to filing of the appeal briefly stated are that the appellant, which is the company incorporated under the provisions of the Companies Act, 1956, filed a suit for permanent injunction restraining the respondent from infringing the plaintiff's registered trademark in respect of the Prestige and Prestige Group and Prestige Estates. Along with the suit, the plaintiff filed an application seeking ad-interim order of injunction under Order XXXIX Rule 1 and 2 of CPC.
3. The Commercial Court, however, by an order dated 05.07.2022 returned the plaint on the ground that the plaintiff has failed to comply with the mandat
Section 12A of the Commercial Courts Act does not require pre-institution mediation for suits seeking urgent interim relief.
Maintainability of commercial suit – Suit which does not contemplate any urgent interim reliefs cannot be instituted unless plaintiff exhausts mandatory remedy provided under Section 12A of Commercia....
Mandatory compliance with Section 12A of the Commercial Courts Act, 2015 for suits not contemplating urgent interim relief, and the prevention of deceptive invocation of urgent relief to circumvent t....
Application for injunction denied due to parties' mutual agreement to stop using each other's trademarks, highlighting the importance of prior mediation under Section 12A of the Commercial Courts Act....
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
Mandatory compliance with Section 12A of the Commercial Courts Act for Pre-Institution Mediation is required for the maintainability of commercial suits.
Rejection of plaint – Commercial suit which does not contemplate any urgent relief under Commercial Courts Act shall not be instituted unless plaintiff exhausts remedy of Pre-Institution Mediation.
The main legal point established in the judgment is the interpretation and application of Section 12a of the Commercial Courts Act, 2015, particularly in relation to suits seeking injunction, damages....
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