CHEMCO PLASTIC INDUSTRIES PVT LTD Vs. CHEMCO PLAST

JUDGEMENT

(1.) By this application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), the defendant seeks rejection of plaint on the short ground of non-compliance of Sec. 12-A of the Commercial Courts Act, 2015, on the part of the plaintiff. It is the case of the defendant that since a perusal of the plaint itself shows that the present suit does not contemplate any urgent interim relief, the plaintiff ought to have first exhausted the remedy of pre-institution mediation as per Sec. 12-A of the said Act, before instituting the present suit. According to the defendant, the requirement of Sec. 12-A of the said Act is mandatory in nature and hence, the present application ought to be allowed, thereby rejecting the plaint.

(2.) The plaintiff has filed the present commercial suit, praying for relief of permanent and mandatory injunction, restraining the defendant from infringing the registered trademark of the plaintiff and also, from passing off its goods as those of the plaintiff. Alongwith the aforesaid prayers, the plaintiff has also prayed for interim reliefs in the plaint as well as in a separate application for grant of interim reliefs.

(3.) The pleadings in the application for interim reliefs were completed, but since the defendant filed the present application for rejection of plaint, this Court has taken up the said application for consideration, before considering the application for interim reliefs. If the contentions raised on behalf of the defendant are accepted, the plaint itself would be rejected and there would be no question of considering the application for interim reliefs moved on behalf of the plaintiff.