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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Ashokbhai Manjibhai Sankharava Trading As M/s. Unolex Aquatech – Appellant
Versus
Trishul Pump – Respondent
JUDGMENT :
Sunita Agarwal, C.J.
1. The short question of law raised for consideration before us in the present set of appeals filed under Section 13 of the Commercial Courts Act, 2015 (for short 'CC Act') is whether the plaintiff in a Commercial Suit can seek exemption to comply with the provisions of Section 12A of CC Act to exhaust the remedy of pre-litigation mediation, merely by filing an application seeking an urgent relief.
2. The challenge in this set of appeals is to almost identical orders passed by the Commercial Court at Rajkot in four Commercial Trade Mark Suits No.1 of 2023; 2 of 2023; 3 of 2023; and 4 of 2023. All four Suits were preferred by the same person, the plaintiff-appellant herein namely Mr. Ashokbhai Majibhai Sankharava, sole proprietor of a business concern M/s. Unolex Aquatech, for infringement of the plaintiff's patented product bearing No. 388576 against four different business entities as defendants in the said suits. Along with the suit preferred on 20.09.2023, an application seeking exemption to comply with the requirement of Section 12A of the CC Act with the assertion that the plaintiff has filed an application under Order XXXIX Rules 1 and 2 of the Co
Section 12A of the CC Act mandates pre-litigation mediation, and claims for urgent relief must meet specific criteria to bypass this requirement.
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....
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 Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
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....
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 mandatory nature of pre-institution mediation under Section 12A of the Commercial Courts Act requires genuine urgency to bypass mediation.
Under the Commercial Courts Act, 2015, pre-suit mediation is mandatory, and merely claiming urgency is insufficient without demonstrable evidence in the pleadings.
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