SHARAD ENTERPRISES Vs. SABOO EMERY STONE INDUSTRIES

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 read with Article 215 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case as placed before this Court by learned counsel for the petitioner are that the respondent instituted a suit for injunction and rendition of accounts before the learned Commercial Court No.1, Jodhpur Metro against the present petitioner, alleging infringement of the trademark; algonwith the suit, the respondent also filed an application under Order 39 Rule 1 and 2 along with 151 CPC and one more application seeking exemption from compliance of Sec. 12-A of the Commercial Court Act, 2015 (hereinafter referred to as 'Act of 2015').

(3.) Learned counsel for the petitioner submitted that Sec. 12- A (1) of the Act of 2015 provides that, "a suit, which does not contemplate any urgent interim relief under the said Act, shall not be instituted, unless the plaintiff exhausts the remedy of preinstitution mediation in accordance with such manner and procedure as may be prescribed by rules made by the Central Government". Therefore, as far as the suit in question is concerned, looking to the nature thereof, the same is mandatorily required to be referred for such preinstitution mediation.