ORDER :

1. 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 C C 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