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Learned Counsel for Appellant-Defendant states, Learned Single Judge has erred in not considering: Respondent-Plaintiff had bypassed Section 12A of The Commercial Court Act, 2015, which prescribes pre-institution mediation as a mandatory requirement.
Respondent-Plaintiff is not only a prior adopter but also a prior registrant and allegation of suppression is irrelevant. Court is in agreement, packaging and aesthetic of Appellant-Defendant’s products and Respondent-Plaintiff’s products are deceptively identical. Appellant-Defendant is prima facie dishonest.
Respondent-Plaintiff was rightly granted waiver of pre-institution mediation in terms of Section 12A of The Commercial Courts Act, 2015.
– Hon’ble Justice Manmohan and Hon’ble Justice Saurabh Banerjee of Hon’ble High Court of Delhi, Veda Seed Sciences Pvt. Ltd. v. Kohinoor Seed Fields India Pvt. Ltd., [FAO(OS) (COMM) 326/2022] decided on 15.12.2022.
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