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M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
Mansarowar Ispat (India) Pvt. Ltd. – Appellant
Versus
Prakash Ferrous Industries Private Limited Represented by its Director – Respondent
JUDGMENT :
(Judgment of the Court was delivered by M.Sundar, J.) Captioned 'Original Side Appeal' ['OSA' for the sake of brevity] is directed against an ex parte 'judgment and decree dated 05.06.2024 made in C.S (Comm.Div.) No.1 of 2024' [hereinafter 'impugned judgment and decree' for the sake of convenience and clarity].
2. One 'Prakash Ferrous Industries Private Limited' [hereinafter 'PFIPL' for the sake of brevity] filed a suit against one 'Mansarowar Ispat (India) Pvt. Ltd.,' [hereinafter 'MIPL' for the sake of brevity] seeking inter-alia injunctive reliefs as regards Trade Marks 'TIRUMALA' and/or 'TIRUMALA GOLD' with usual prayers for accounts, delivery of alleged offending material and costs. This suit, for convenience can be referred to as a 'typical Trade Mark suit'.
3. Plaint of PFIPL is dated 20.11.2023 but it was presented in the Commercial Division of this Court only on 08.12.2023. Therefore, the date of presentation of suit is 08.12.2023 but the date of institution of suit is not readily available. However, the first listing before the Commercial Division i.e., first
The court emphasized strict adherence to timelines under the Commercial Courts Act, ruling that an ex parte judgment cannot stand if a written statement is filed within the permissible period.
(1) After Order XI Rule 1 has been amended with respect to suits before commercial courts and a specific provision/procedure has been prescribed with respect to suits before commercial division and b....
The court held that procedural unfairness due to technical irregularities can justify allowing the filing of Written Statements after delays, emphasizing the importance of justice over procedural str....
The court established the discretion of the Commercial Court in accepting written statements in transferred suits and highlighted the applicability of the Commercial Courts Act, 2015 to suits filed b....
Lack of knowledge about an ex parte decree can be a sufficient cause for condonation of delay in filing a petition under Order IX Rule 13 CPC.
Timelines for filing written statements in commercial disputes may be adjusted by the court during transfer, rather than mandating strict adherence to previous civil procedure timelines.
Mandatory provision of filing written statement within 120 days from receipt of summons in case of a commercial suit will not be applicable in case of a transferred suit.
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