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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Ele Animations (P) Ltd. – Appellant
Versus
Satya Swagat Mohanty – Respondent
| Table of Content |
|---|
| 1. details of parties and case background. (Para 1 , 2) |
| 2. arguments regarding urgency and legal compliance. (Para 4 , 5) |
| 3. court's evaluation of urgency criteria. (Para 6 , 8 , 10 , 12 , 13 , 14) |
| 4. legal standards on pre-institution mediation. (Para 7) |
| 5. conclusion on the merit of the revision application. (Para 15 , 16) |
JUDGMENT :
The Petitioner is Defendant No.1 in Civil Suit No. 228 of 2025 pending before the Court of the learned Civil Judge (Senior Division), Commercial Court, Bhubaneswar, wherein, the present Opposite Party is the Plaintiff. The present revision is directed against order dated 19.09.2025 passed by the said Court,whereby the application filed by the Petitioner under Order VII Rule 11 of CPC, seeking rejection of the plaint on the ground of non-compliance with the mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 was rejected. Further, the rejection of application filed by the petitioner vide order dated 19.05.2025 and to recall the order dated 19.09.2025 are also impugned herein.
By order dated 19.05.2025, the Commercial Court granted exemption from pre-institution mediation. The Petitioner, up
A plaintiff may be exempt from mandatory pre-institution mediation under Section 12-A of the Commercial Courts Act when seeking urgent interim relief in ongoing infringement cases, despite any filing....
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.
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.
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.
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....
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.
Pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory unless genuine urgency is shown; plaintiff must substantiate claims of urgency.
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