Compliance with Section 12-A of the Commercial Courts Act Not Mandatory for Urgent Interim Relief Claims
In a significant ruling, the Orissa High Court, presided over by Justice Sashikanta Mishra, dismissed a revision petition filed by M/s Ele Animations (P) Ltd. challenging the exemption from pre-institution mediation granted in a copyright infringement case. The dispute involved allegations of ongoing infringement by the defendant, Satya Swagat Mohanty, concerning artistic works depicting 'Lord Jagannath' and a character named 'Jagan'.
The petitioner argued that the suit was filed after a delay which negated any urgency claimed under Section 12-A of the Commercial Courts Act, 2015. This section mandates pre-institution mediation in commercial disputes unless urgent interim relief is sought. The court, however, upheld the lower court's decision to exempt the plaintiff from this requirement, recognizing the recurring nature of the alleged infringement as constituting a continuous cause of action that warrants urgent relief.
Justice Mishra emphasized that while Section 12-A is generally mandatory, the proviso allows for exemption if the suit involves urgent interim relief. The court found that the plaintiff had sufficiently demonstrated the ongoing nature of the infringement, justifying the need for immediate injunctive relief, and thus, negating the necessity of pre-institution mediation.
The decision underscores the court's approach to balancing procedural requirements with the substantive urgency of intellectual property rights protection, particularly in cases where delay could exacerbate harm to the rights holder.
Bottom Line:
Compliance with Section 12-A of the Commercial Courts Act, 2015 is mandatory unless the suit involves urgent interim relief. In cases of alleged continuing infringement of intellectual property rights, the plea of urgency cannot be negated solely on account of delay in filing the suit.
Statutory provision(s): Commercial Courts Act, 2015 Section 12-A, Civil Procedure Code, 1908 Order VII Rule 11, Civil Procedure Code, 1908 Section 115
