M K FOODS Vs. DABUR INDIA LIMITED

JUDGEMENT

(1.) Aggrieved by a judicial order passed by the Commercial Court, Ranga Reddy District, returning the plaint with a direction to the plaintiff to exhaust the remedy of pre-institution mediation in terms of Section 12(A)(1) of the Commercial Courts Act, 2015 (for short 'the Act'), the plaintiff in an un-numbered suit has come up with the above revision under Article 227 of the Constitution of India.

(2.) Heard Mr. Ashok Ram Kumar, learned counsel for the petitioner and Mr. Venkatreddy Donthi Reddy, learned counsel for the respondent.

(3.) The petitioner herein instituted a commercial suit in COS(SR).No.2429 of 2018 on the file of the Commercial Court, Ranga Reddy District, seeking a declaration and permanent injunction with reference to the alleged groundless threat of illegal proceedings held out by the respondent, under Section 142 of the Trademarks Act, 1999. The papers in the plaint were returned on 04.06.2018 for rectification of certain defects. Though some of the defects pointed out were completely out of context, there were other returns, which had to be complied with by the petitioner. Therefore, the petitioner complied with the relevant returns and made an endorsement about the irrelevancy of certain returns, such as, requirement of registration under the Copyright Act and the Patent Act, which had nothing to do with the case under the Trademarks Act, 1999.