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PRATHIBA M. SINGH
Upgrad Education Private Limited – Appellant
Versus
Intellipaat Software Solutions Private Limited – Respondent
JUDGMENT
Prathiba M. Singh, J. - I.a.3298/2022 (u/S 12a)
1. This is an application filed by the Plaintiff under Section 12a of the Commercial Courts act, 2015 (hereinafter the 'act') seeking exemption from entering into pre-institution mediation and settlement with the Defendant.
2. as per Section 12a of the act, if a suit does not contemplate any urgent interim relief, it cannot be instituted unless the party suing has exhausted the remedy of exploring mediation at the pre-litigation stage.
3. This Court notices that there are various categories of proceedings filed before the IPD which was notified in July of 2021. Such proceedings include -
a) Suits seeking injunction, damages and other reliefs;
b) appeals from the orders of various IP Offices;
c) Original petitions like cancellation petitions, rectification petitions, revocation petitions and other miscellaneous petitions;
d) Writs, Revisions and other proceedings arising from orders of the IP offices or proceedings before the Commercial Courts.
4. The provisions of Section 12a would be applicable to category (a) above and not to the other categories. However, in a majority of the suits seeking permanent injunctions, urgent temporary
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....
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....
The requirement of pre-institution mediation under Section 12A of the Commercial Courts Act does not apply when urgent interim relief is sought in a commercial suit.
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.
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....
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