Delhi High Court Grants Exemption for Pre-Litigation Mediation in Trademark Infringement Case

Ambuja Cements vs. JSW Cement: Urgent Reliefs Prompt Court's Decision Amid Willingness to Mediate

In a significant ruling on September 17, 2025, the Delhi High Court has granted Ambuja Cements Limited an exemption from pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015. This decision comes in light of the urgent reliefs sought by Ambuja Cements in their legal battle against JSW Cement Limited over alleged trademark infringement, passing off, and other unfair competition practices.

Presided over by Justice Manmeet Pritam Singh Arora, the court acknowledged the exigency of the matter, allowing Ambuja Cements to bypass the standard pre-litigation mediation process, while simultaneously referring the case to the Delhi High Court Mediation and Conciliation Centre for potential resolution. The court emphasized that this exemption does not prejudice the parties' willingness to consider mediation, showcasing a balanced approach to expedite urgent judicial relief while encouraging amicable settlements.

The case, marked by Ambuja Cements' plea for a permanent injunction to restrain JSW Cement from infringing trademarks and engaging in unfair competition, underscores the complexities and high stakes involved in commercial disputes. Justice Arora directed a structured timeline for filing of written statements, replications, and affidavits of admission or denial of documents, ensuring the case proceeds efficiently.

Additionally, Ambuja Cements was permitted to file additional documents within 30 days, as per provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018. This move further supports a comprehensive presentation of facts essential for adjudication in commercial suits.

The court's decision reflects an evolving judicial approach towards balancing procedural efficiency with the rights of litigants, particularly in high-stakes commercial disputes. By promoting mediation alongside judicial adjudication, the Delhi High Court seeks to foster resolutions that are both timely and equitable.

As both parties prepare for the next hearing scheduled on October 15, 2025, this case will be closely watched for its implications on commercial litigation practices and the effectiveness of mediation in resolving complex legal disputes.

Bottom Line:

Exemption from pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015, can be granted in view of urgent reliefs sought, without prejudice to parties' willingness to consider mediation. 

Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Code of Civil Procedure, 1908 Order XI Rule 1(4), Code of Civil Procedure, 1908 Order XXXIX Rules 1 and 2

Ambuja Cements Limited v. JSW Cement Limited, (Delhi) : Law Finder Doc Id # 2782841