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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANUROOP SINGHI
Shabbo W/o Shri Abdul Rahim – Appellant
Versus
Sajni Mehndi Product – Respondent
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 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.
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....
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.
Under the Commercial Courts Act, 2015, pre-suit mediation is mandatory, and merely claiming urgency is insufficient without demonstrable evidence in the pleadings.
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.
The court ruled that pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory, with rejection of suits violating this mandate enforced prospectively from 20.08.2022, allo....
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.
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