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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN BHANSALI, KSHITIJ SHAILENDRA
Sah Agencies Private Limited – Appellant
Versus
Cinni Foundation Trust – Respondent
JUDGMENT :
Kshitij Shailendra, J.
1. Heard Shri Anupam Kulshreshtha, learned counsel for the defendant-appellants, Shri Ashish Kumar Singh, learned counsel for plaintiff-respondents and perused the record.
THE CHALLENGE
2. The present appeal has been filed by the defendants of Original Suit No.10 of 2025 challenging the order dated 05.04.2025 passed by the Presiding Officer, Commercial Court, Varanasi. The order impugned is in three parts; the first part dispenses with the statutory requirement of pre-institution mediation contemplated under Section 12-A of the COMMERCIAL COURTS ACT , 2015 (in short ‘the Act’); the second part grants ex-parte interim injunction in favour of the plaintiff-respondents and the third part relates to appointment of Amin Commissioner and Advocate Commissioner to conduct some investigation.
FACTS IN BRIEF
3. The aforesaid suit was instituted praying for a decree for permanent prohibitory injunction restraining the defendants, their assigns, agents, representatives, distributors, heirs, successors, stockiests and others acting for and on their behalf from using, selling, soliciting, exporting, displaying, advertising etc. or, in any other manner, dealing or usin
The necessity for pre-institution mediation under Section 12-A of the Commercial Courts Act cannot be circumvented by claiming urgency; adequate justification must be demonstrated by the plaintiff.
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....
Mandatory compliance with Section 12A of the Commercial Courts Act, 2015 for suits not contemplating urgent interim relief, and the prevention of deceptive invocation of urgent relief to circumvent t....
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....
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
Section 12A of the CC Act mandates pre-litigation mediation, and claims for urgent relief must meet specific criteria to bypass this requirement.
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