(1)

The High Court Of Madhya Pradesh, Bench At Indor e

became basis for the cause of action. 4) Practice and Procedure- The commercial Court was under an obligation to examine the plaint averments and documents meticulously in order to examine whether a cause of action which shows urgency for interim relief is available or not. Non-suiting a litigant has a drastic effect on his business. The commercial Court must examine the plaint averments and documents with accuracy and precision. Since certain relevant pleadings of plaint and documents has escaped notice of commercial Court without expressing any opinion on the merits, the matter is remitted back to said Court.

Significant paragraph 11 to 15.

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O R D E R

(01.07.2021)

Sujoy Paul, J.

1) This Miscellaneous Appeal filed under Order 43 Rule 1(r) of Code of Civil Procedure, 1908 assails the order of commercial Court dated 08.03.2021, whereby the Court below has non-suited the appellant for not fulfilling the statutory requirements under section 12-A of the Commercial Courts Act, 2015.

2) In nutshell, the stand of learned counsel for the appellant is that the appellant is a private limited company and has copyright to use a product namely “Enerzy”. The respondent no.1 is unauthorizedly using the said product. The appellant instituted the suit under Order 8 Rule 1 of the CPC read with section 55 of the Copyright Act, 1959, which was registered as (3)

case no.8656/2021. Alongwith the said suit, the appellant filed an application for interim relief and yet another application under section 12-A of the Commercial Courts Act. The commercial Court by order dated 08.03.2021, dismissed the suit by holding that as per the appellant's own saying, the cause of action have arisen in July, 2020 and 18^th August, 2020. The suit was instituted on 04.03.2021 i.e after six months from the date, the cause of action had originally arisen. Perusal of plaint shows that there exists no urgency and hence interference is not warranted.

3) Learned counsel for the appellant submits that the commercial Court has mainly assigned three reasons for not entertaining the suit:-

i) There was no cause of action after 18^th August, 2020, whereas the suit was instituted on 04.03.2021. In absence of any such cause of action and existence of urgency, the suit was not maintainable.

ii) The appellant/plaintiff has directly approached the Court whereas in the factual backdrop of this matter, he should have adopted the alternative dispute resolution method through 'institutional mediation'. Putting it differently, the opinion of commercial Court was that if there exists no causes of action