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M. SUNDAR
Mohamed Aboobacker Chank Lungi Pvt. Ltd. , rep. by its Managing Director Mr. Umar Farook – Appellant
Versus
Revathy Textiles – Respondent
ORDER :
1. This Judgement/order will now dispose of captioned main suit, namely C.S (Comm.Div.) No.208 of 2022 and will consequently dispose of the captioned applications.
2. Captioned main suit along with captioned applications is listed today in the Motion Board before this Commercial Division. Mr.A.Prabhakara Reddy, learned counsel assisted by Mr.A.Prasanna Venkat of M/s.APR Associates (Law Firm) for the sole plaintiff-company, which is the applicant in the captioned applications (obviously as the matter is in Motion Board) is before this Commercial Division.
3. Learned counsel, adverting to the plaint and the plaint documents submits that the main suit has been filed inter alia with prayers for injunction qua alleged infringement of plaintiff's registered trademarks qua textiles (lungies, handkerchiefs, etc.,) besides prayers for injunctions qua alleged infringement of copyright, surrender of alleged offending material, rendition of accounts, costs and the usual residuary limb of further or other orders.
4. Learned counsel for plaintiff-company has multiple trademark registrations primarily under Classes 24 and 25 of the relevant Schedule/Rules qua 'The Trademarks Act, 1999' [he
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.
Non-compliance with mandatory provisions such as Section 12-A of the Commercial Courts Act can lead to rejection of the plaint.
Under the Commercial Courts Act, 2015, pre-suit mediation is mandatory, and merely claiming urgency is insufficient without demonstrable evidence in the pleadings.
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 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 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.
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