JAY CHEMICAL WORKS Vs. SAI CHEMICALS

JUDGEMENT

(1.) This appeal is directed against order dtd. 19/9/2024 passed by Commercial Court, Kanpur Nagar in Commercial Suit No. 3 of 2020, whereby the plaint filed by the appellant has been ordered to be returned under provisions of Order VII Rule 10 CPC for non-compliance of provisions of Sec. 12-A of the Commercial Court Act, 2015 (for short 'the Act of 2015').

(2.) The suit was filed on 12/8/2020 along with an application under Order XXXIX Rules 1 and 2 CPC seeking a decree for permanent injunction against the defendants restraining the defendants, their proprietors, heirs, representatives, employees, servants, dealers, sub-dealers, stockiest and all other persons on their behalf from infringing the registered trade mark of the plaintiff and further restraining them from selling, manufacturing, trading etc of the allegedly deceptively/identical trade mark along with its label.

(3.) It appears that the suit remained pending for considerably long period before the Commercial Court. An application was filed on 25/7/2024, inter alia, indicating that the provisions of Sec. 12-A of the Act of 2015 have not been followed and, therefore, an appropriate order be passed. The application was contested by the appellant. The Tribunal, after hearing the parties, by the order impugned, referred to the judgement in Patil Automation Private Limited and others Vs. Rakheja Engineers Private Limited: (2022) 10 SCC 1 and came to the conclusion that as the provisions of Sec. 12-A have not been complied with, instead of dismissing the suit under Order VII Rule 11 CPC, returned the plaint under Order VII Rule 10 CPC.