Back
IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, RAI CHATTOPADHYAY
Pankaj Plastic Industries Private Limited – Appellant
Versus
Anita Anu – Respondent
| Table of Content |
|---|
| 1. initial facts of the case. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding urgency and plaintiff’s rights. (Para 8 , 9 , 10 , 12 , 13) |
| 3. concerns about defendant's actions and mediation. (Para 11 , 14 , 22) |
| 4. court’s perspective on urgency and pre-litigation requirements. (Para 20 , 30) |
| 5. final conclusions and directions. (Para 34 , 35 , 44 , 46) |
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 u
Under the Commercial Courts Act, 2015, pre-suit mediation is mandatory, and merely claiming urgency is insufficient without demonstrable evidence in the pleadings.
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....
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.
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.
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.
A plaintiff in a trademark infringement suit may bypass pre-institution mediation if the suit contemplates urgent interim relief, as mandated by Section 12A of The Commercial Courts Act, 2015.
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....
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
