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MANISH PITALE
Chemco Plastic Industries Pvt. Ltd. – Appellant
Versus
Chemco Plast – Respondent
JUDGMENT :
Manish Pitale, J. - By this application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), the defendant seeks rejection of plaint on the short ground of non-compliance of section 12-A of the Commercial Courts Act, 2015, on the part of the plaintiff. It is the case of the defendant that since a perusal of the plaint itself shows that the present suit does not contemplate any urgent interim relief, the plaintiff ought to have first exhausted the remedy of pre-institution mediation as per section 12-A of the said Act, before instituting the present suit. According to the defendant, the requirement of section 12-A of the said Act is mandatory in nature and hence, the present application ought to be allowed, thereby rejecting the plaint.
2. The plaintiff has filed the present commercial suit, praying for relief of permanent and mandatory injunction, restraining the defendant from infringing the registered trademark of the plaintiff and also, from passing off its goods as those of the plaintiff. Alongwith the aforesaid prayers, the plaintiff has also prayed for interim reliefs in the plaint as well as in a separate application for grant of interim reliefs
The requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 is mandatory unless urgent interim relief is demonstrated, which must be assessed from the plaintiff....
Rejection of plaint – When Plaint is filed with a prayer for urgent interim relief, Commercial Courts should examine nature and subject matter of suit, cause of action and prayer for interim relief.
The court ruled that Section 12-A of the Commercial Courts Act applies to intellectual property suits, emphasizing that delay in filing does not negate urgency for interim relief.
Under the Commercial Courts Act, 2015, pre-suit mediation is mandatory, and merely claiming urgency is insufficient without demonstrable evidence in the pleadings.
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.
Section 12A of the CC Act mandates pre-litigation mediation, and claims for urgent relief must meet specific criteria to bypass this requirement.
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
The court confirmed that non-compliance with Section 12A of the Commercial Courts Act does not invalidate a suit if urgent relief is sought due to ongoing infringement.
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