FINE FOOTWEAR PRIVATE LIMITED Vs. SKECHERS

JUDGEMENT

(1.) Petitioner being the first diffident in a civil suit in O.S. No.2598/2019 filed by Respondent Nos.1 to 4 herein, is knocking at the doors of Writ Court for assailing the order dated 12.04.2019, a copy whereof is at Annexure 'E' whereby the learned XVIIIth Additional City Civil Judge, Bengaluru, having favoured the said Respondents' IA No.3 has granted temporary injunctive relief against him. The contesting respondents having been represented by their counsel, resist the writ petition.

(2.) Learned counsel for the petitioner argues that the impugned order is non est since the lis in the suit is a "Commercial Dispute" exclusively triable by the Commercial Court established for Bengaluru Urban under the provisions of The Commercial Courts Act, 2015 (hereafter ' 2015 Act' for short).

(3.) Learned Sr. Advocate, Shri Arun Kumar appearing for the counsel on record for the Respondent - plaintiffs, per contra, contends that the dispute is not a "Commercial Dispute", since it does not relate to any of the items enumerated under Sec.2(1)(c) (xvii) which speaks of Intellectual Property Rights; secondly, a suit does not become triable by the Commercial Court merely because it involves a commercial dispute if the value of its subject matter is below specified value as defined under Section 2(1)(i) r/w 12 of the Act; in any circumstance, the law heavily leaning in favour of civil court's jurisdiction not being barred, the writ petition is liable to be dismissed.