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ANANT RAMANATH HEGDE
BTV Kannada Private Limited – Appellant
Versus
Eaglesight Media Private Limited – Respondent
ORDER
Anant Ramanath Hegde, J.
In a suit for injunction, alleging passing off under the Trade Marks Act, 1999, can the 'specified value' of the subject matter of the suit, be determined applying Section 50 of the Karnataka Court Fees and Suit Valuation Act, 1958 is the question that needs to be answered in this petition.
2. Respondent in this appeal filed the suit for an injunction in respect of movable, immovable as well as intangible properties. In the said suit filed before the City Civil Court at Bengaluru, defendant No.3 filed a memo to reject the plaint on the premise that the value of the properties exceeds Rs. 3 lakhs, as such, only the designated Commercial Court can try the suit and the suit is not maintainable before the City Civil Court.
3. The Court dismissed the memo vide order dated 03.09.2022. CRP No.545/2022 was filed challenging the said order, this Court vide order dated 13.12.2022 directed the plaintiff to estimate the "specified value" as per Section 12 of the Commercial Courts Act, 2015 (for short 'Act of 2015').
4. After the disposal of CRP No.545/2022, the plaintiff filed I.A.No.13 valuing only the relief sought over the intangible property at Rs.2,50,000/-witho
For a suit to be considered a commercial dispute, it should meet both the requirements of falling within the definition of a commercial dispute and having a specified value of more than Rs. 3 lakhs. ....
The valuation of IPR suits should not be presumed to be undervalued, and the issue of undervaluation should be evaluated based on the facts of each case.
The valuation of the suit at the time of filing determines the jurisdiction of the Court, and the interest amount is undetermined until the suit is heard and decreed.
The court established that disputes arising from license agreements for properties used exclusively for trade qualify as commercial disputes under the CC Act.
The court established that the valuation of a suit must adhere strictly to the provisions of the Tamil Nadu Court Fee and Suit Valuation Act, and that any attempt to manipulate the valuation to gain ....
The nature of relief determines the court fee payable, and the plaintiff has the discretion to value the suit according to its own estimation, unless it is found to be fixed arbitrarily and with mala....
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