JUDGMENT

1. The present revision petition assails the order dated 6th February, 2023 passed by the District Judge (Commercial Court)-01, South District, Saket Courts, New Delhi, whereby the application filed on behalf of the petitioner/defendant under Order VII Rule 11 of the Civil Procedure Code, 1908 (CPC) seeking rejection of the plaint, was dismissed.

2. The suit from which the present petition arises was filed seeking permanent injunction restraining infringement of trademark and passing off along with other ancillary reliefs. The suit was filed along with an application under Order XXXIX Rules 1 and 2 of the CPC for grant of interim injunction and an application seeking exemption from compliance with Section 12A of the Commercial Courts Act, 2015.

3. The petitioner/defendant filed an application under Order VII Rule 11 of the CPC seeking rejection of the plaint as being not maintainable as the plaintiff failed to comply with provisions of Section 12A of the Commercial Courts Act mandating pre-institution mediation before filing a commercial suit.

4. The case of the petitioner before the Commercial Court was that mere filing of an application under Order XXXIX Rules 1 and