{"id":2016,"date":"2024-06-26T15:52:43","date_gmt":"2024-06-26T10:22:43","guid":{"rendered":"https:\/\/xpertslegal.com\/blog\/?p=2016"},"modified":"2024-06-26T15:52:43","modified_gmt":"2024-06-26T10:22:43","slug":"bombay-hc-holds-that-a-plaint-cannot-be-rejected-under-commercial-courts-act-for-by-passing-pre-institution-mediation-if-urgent-relief-is-genuinely-sought","status":"publish","type":"post","link":"https:\/\/xpertslegal.com\/blog\/bombay-hc-holds-that-a-plaint-cannot-be-rejected-under-commercial-courts-act-for-by-passing-pre-institution-mediation-if-urgent-relief-is-genuinely-sought\/","title":{"rendered":"Bombay HC holds that a plaint cannot be rejected under commercial courts act for by-passing pre-institution mediation if urgent relief is genuinely sought"},"content":{"rendered":"

Chemco Plastic Industries Pvt. Ltd. <\/strong>[Plaintiff] Vs. Chemco Plast <\/strong>[Defendant]<\/h1>\n

INTERIM APPLICATION (LODGING) NO. 10014 OF 2024<\/p>\n

(Delivered by MANISH PITALE, J.<\/strong>)<\/p>\n

 <\/p>\n

Facts:<\/u><\/strong> 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 section 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 section 12-A of the said Act, before instituting the present suit. According to the defendant, the requirement of section 12-A of the said Act is mandatory in nature and hence, the present application ought to be allowed, thereby rejecting the plaint<\/p>\n

Issue:<\/u><\/strong> Whether urgent interim relief is contemplated, has to be assessed by the Court in the facts of the individual case?<\/p>\n

Arguments on behalf of counsel for plaintiff:<\/u><\/strong><\/p>\n

In support of the instant application, Mr. Rashmin Khandekar, learned counsel appearing for the applicant\/defendant submitted that by accepting the contents of the plaint in its entirety and particularly, paragraph No. 20 pertaining to cause of action, it becomes evident that the plaint in the present case, does not even contemplate urgent interim reliefs and therefore, the plaintiff was mandatorily required to exhaust the remedy of pre institution mediation under Section 12-A of the said Act before instituting the present suit. Since the plaintiff failed to do so, on this short ground itself, the application of the defendant deserves to be allowed and the plaint deserves to be rejected.<\/p>\n

Arguments on behalf of counsel for defendant:<\/u><\/strong><\/p>\n

It is submitted on behalf of the defendant that the plaintiff took a conscious decision and chose the remedy under criminal law and that too in May 2018, despite having issued the cease-and-desist notice to the defendant as far back as in September 2015. The criminal proceedings remained pending and it is casually stated in the plaint that since the said proceedings had not reached any conclusion, as also for the reason that the cause of action in such cases accrues on each event of such infringement and passing off, the plaintiff has chosen to now approach this Court by filing the suit in August 2023.<\/p>\n

Held:<\/u><\/strong> The court dismissed the present plaint and held that, \u201cthis Court finds that on the basis of the pleadings in the plaint, the documents filed therewith, as also on the basis of the pleadings in the application for interim reliefs, the plaintiff has indeed made out enough grounds to demonstrate that it does contemplate urgent interim reliefs, thereby showing that the plaint in the present case cannot be rejected as being barred by section 12-A of the aforesaid Act.\u201d<\/em><\/p>\n\n","protected":false},"excerpt":{"rendered":"

Chemco Plastic Industries Pvt. Ltd. [Plaintiff] Vs. Chemco Plast [Defendant] INTERIM APPLICATION (LODGING) NO. 10014 OF 2024 (Delivered by MANISH PITALE, J.)   Facts: 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 section […]<\/p>\n","protected":false},"author":1,"featured_media":2018,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-2016","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-judgement"],"_links":{"self":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/2016","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/comments?post=2016"}],"version-history":[{"count":1,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/2016\/revisions"}],"predecessor-version":[{"id":2019,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/2016\/revisions\/2019"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media\/2018"}],"wp:attachment":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media?parent=2016"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/categories?post=2016"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/tags?post=2016"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}