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R. I. CHAGLA
Y-Not Films LLP – Appellant
Versus
Y-Not Films LLP – Respondent
ORDER
By this Interim Application, the Applicant/Original Defendant Nos.1 and 2 have sought rejection of the Plaint under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 on the ground that the Plaintiff has not exhausted the mandatory recourse of pre-lititation mediation stipulated under Section 12-A of the Commercial Courts Act, 2015 (“the CC Act”).
2. The Defendant Nos.1 and 2 have in their Interim Application sought invocation of Section 151 read with Order VII Rule 11(d) of Code of Civil Procedure, 1908 for rejection of Plaint. The Defendant Nos.1 and 2 have raised certain issues during their arguments and written submissions filed before this Court which read thus:-
(i) Whether in a Suit seeking protection of an intellectual property filed under the Commercial Courts Act, 2015 (“the CC Act”) in which the Plaintiff bases its claim on an alleged continuing wrong, whether the provisions of Section 12-A of the CC Act will have no application? Or Whether the Court will take into account the delay in approaching the Court as a relevant factor and the pleaded cause of action/s and relegate the parties to mediation under Section 12-A of the Act if it con
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.
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.
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....
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....
Under the Commercial Courts Act, 2015, pre-suit mediation is mandatory, and merely claiming urgency is insufficient without demonstrable evidence in the pleadings.
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.
Section 12A of the CC Act mandates pre-litigation mediation, and claims for urgent relief must meet specific criteria to bypass this requirement.
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
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