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MOUSHUMI BHATTACHARYA, M. G. PRIYADARSINI
Kohinoor Seed Fields India Pvt. Ltd. – Appellant
Versus
Veda Seed Sciences Pvt. Ltd. – Respondent
ORDER :
Moushumi Bhattacharya, J.
The Civil Revision Petition (CRP) arises out of an order dated 10.04.2024 passed by the Special Court for Trial and Disposal of Commercial Disputes, Ranga Reddy District, at L.B. Nagar.
2. The Commercial Court rejected the objection taken by the revisionist with regard to the Suit filed by the respondent No.1 not being maintainable. The maintainability was mounted on the Suit circumventing the statutory requirement under section 12A of The Commercial Courts Act, 2015 (2015 Act).
3. The Revisionist – M/s.Kohinoor Seed Fields India Pvt. Ltd. (Kohinoor) is the defendant No.1 and the respondent No.2 – M/s.Crystal Crop Protection Pvt. Ltd. (Crystal) is the defendant No.2 in the Suit filed by the respondent No.1 – M/s.Veda Seed Sciences Pvt. Ltd. (Veda). The defendant No.2 (Crystal) took the objection with regard to the maintainability of the Suit before the Trial Court. The present CRP is however filed by the defendant No.1/Kohinoor against the order dated 10.04.2024.
The Dispute
4. The respondent No.1/plaintiff/Veda filed a Suit for permanent injunction for restraining the defendants (petitioner and the respondent No.2) from infringing the Trademark, Trade D
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