JUDGMENT :

Arijit Banerjee, J.

1. By consent of the parties, the appeal and the connected application were taken up for hearing together.

2. This appeal is directed against a judgment and order dated May 6, 2025, whereby the defendant’s application for revocation of leave granted under Section 12A of the Commercial Courts Act, 2015, being GA-COM 6 of 2025, was allowed by a learned Judge of this Court. Consequently, the suit stood dismissed and the interim order passed in the suit stood vacated.

Submission of the appellant

3. The appellant / plaintiff is, inter alia, engaged in the manufacture and sale of plastic pipes, machines and machine tools, under the mark ‘Pankaj Flex’ and other trademarks i.e., ‘Pankaj Flexy’ and ‘Pankaj’ which have been assigned to the plaintiff. Alleging that the defendant is selling similar products under a deceptively similar trademark, i.e., ‘Poly Punkaj’, thereby creating confusion as regards the source of the goods, the appellant filed the instant suit for infringement of trademark and passing off.

4. In the plaint, the appellant sought for dispensation of pre-suit mediation under Section 12A of the Commercial Courts Act, 2015 (in short ‘the CC Act’), on th