EXOTIC MILE PRIVATE LIMITED Vs. DPAC VENTURES LLP

JUDGEMENT

(1.) The appeal in COMAP No.530/2025 is by the defendant in the commercial Suit in Commercial O.S. No.199/2025 on the file of the XI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru [for short, 'the commercial Court']. The other appeal in appeal in COMAP No.534/2025 is by the plaintiff. The parties are referred to as they are arrayed in the commercial suit in Com. O.S. No.199/2025.

(2.) The defendant is aggrieved by the commercial Court's order dtd. 27/9/2025 on I.A. No.2 filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [for short, 'the CPC'] as also the commercial Court's direction to the plaintiff to approach the District Legal Services Authority, Bengaluru Rural District [DLSA, BRD], for a 'time bound mediation'. The plaintiff is aggrieved by the commercial Court's decision to reject its application under Sec. 12-A of the Commercial Courts Act, 2015[ for short, 'the Act']. The operative portion of the commercial Court's impugned order reads as under:

(3.) The dispute between the plaintiff and the defendant is over the defendant's use of the registered trademark 'GOBOULT' for Class - 9 and 35 Goods and Services. The plaintiff asserts that the defendant cannot use this trademark because it infringes its registered trademark 'GOBOLD', 'GOJOLT', 'GOVO' and a variant of 'GOVO'. The plaintiff's trademark is also for Class - 9 Goods and Services. The defendant is a party to a dispute in Commercial Suit in C.S. (COMM) 519/2019 with the Delhi High Court, which is numbered otherwise later. This suit is by M/s. Imagine Marketing Pvt Ltd over the use of the mark 'BOULT' and two other marks.