PRESTIGE ESTATE PROJECTS LTD. Vs. SVN PRESTIGE GARDEN

JUDGEMENT

(1.) This appeal under Sec. 13(1A) of the Commercial Courts Act, 2015, has been filed against the order dtd. 5/7/2022 passed in Com.O.S.No.943/2022 by the LXXXII Additional City Civil and Sessions Judge, Bengaluru (for short, 'the Commercial Court') by which the commercial Court has directed return of the plaint on the ground that the appellant has failed to comply with Sec. 12A of the Commercial Courts Act.

(2.) The facts giving rise to filing of the appeal briefly stated are that the appellant, which is the company incorporated under the provisions of the Companies Act , 1956, filed a suit for permanent injunction restraining the respondent from infringing the plaintiff's registered trademark in respect of the Prestige and Prestige Group and Prestige Estates. Along with the suit, the plaintiff filed an application seeking ad-interim order of injunction under Order XXXIX Rule 1 and 2 of CPC.

(3.) The Commercial Court, however, by an order dtd. 5/7/2022 returned the plaint on the ground that the plaintiff has failed to comply with the mandate contained in Sec. 12A of the Commercial Courts Act, 2015.