Quia Timet III

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.