The court confirmed that non-compliance with Section 12A of the Commercial Courts Act does not invalidate a suit if urgent relief is sought due to ongoing infringement.

ORDER :

ANUROOP SINGHI, J.

1. The present writ petition(s) being S.B. Civil Writ Petition No. 17462/2025 has been filed assailing the order dated 04.10.2025 and S.B. Civil Writ Petition No. 17461/2025 has been filed assailing the order dated 16.10.2025, and as both the said impugned orders were passed by the learned Commercial Court, Kota (Raj.) in pending Civil Suit No. 54/2023 (CNR No. RJKT1D0003732023) titled as M/s. Sajni Mehndi Product vs. Smt. Shabbo, with the consent of learned counsel for the parties, both the writ petitions are being heard together and are being decided by this order.

FACTUAL MATRIX

2. Facts leading to filing of these writ petitions are that the respondent/non-applicant/plaintiff filed a civil suit against the petitioner/applicant/defendant for infringement and passing off of trademark, permanent injunction, damages and rendition of accounts. Along with the plaint, an application for temporary injunction was also filed.

3. On 18.05.2023, the petitioner/applicant/defendant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) seeking rejection of plaint, wherein, a specific objection with respect to the maintainability of the abovementioned suit and the same being barred by law on account of non-compliance with the mandatory provision of Section 12A of the Commercial Courts Act, 2015 (hereinafter referred to as ‘the Act of 2015’) was raised. The said application under Order VII Rule 11 CPC, along with another application dated 07.07.2023, both were dismissed by the learned Commercial Court vide a common order dated 12.01.2024.

4. Being aggrieved by both the orders dated 12.01.2024, the petitioner/applicant/defendant approached this Court by filing S.B. Civil Writ Petition Nos. 1991/2024 and 6223/2024 which came to be disposed of vide a common order dated 05.12.2024, vide which the petitioner/applicant/defendant was granted liberty to make a prayer before the learned Commercial Court for framing an issue as to what is the effect of non-adherence of mandatory provision of Section 12A of the Commercial Court Act by the plaintiff on the present suit. Taking basis of the said order, an application was filed by the petitioner/applicant/defendant for framing of the said issue which was dismissed by the learned Commercial Court.

5. Aggrieved by the said dismissal, the petitioner/applicant/defendant again knocked the doors of this Court by filing S.B. Civil Writ Petition No. 2545/2025, wherein, this Court while taking note of the facts and by referring to the judgment of the Hon’ble Supreme Court in the case of Patil Automation Private Limited and Others v. Rakheja Engineers Private Limited reported in (2022) 10 SCC 1, directed to frame the issue “As to what is the effect of non- adherence of mandatory provision of Section 12A of the Commercial Courts Act, 2015 by the plaintiff on the present suit?”, and further directed to consider and decide the said issue as a preliminary issue after hearing both the parties with respect to the effect of non-compliance of Section 12A of the Act of 2015.

6. In compliance thereof, the Commercial Court on 12.05.2025 framed the above mentioned issue as preliminary issue No. 1-A. Thereafter, the petitioner/applicant/defendant filed an application dated 10.09.2025 for determining burden of proof of the respective parties and for seeking directions to lead evidence for adjudication of the said preliminary issue No.1-A. Learned Commercial Court vide its order dated 04.10.2025, rejected the said application by holdi