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ARTICLE · 14 AUGUST 2024

Dispute Resolution & Arbitration Monthly Update | August 2024

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Chemco Plastic Industries Pvt Ltd (Respondent) filed a Commercial Intellectual Property Suit, seeking an injunction to prevent Chemco Plast (Applicant)...

IndiaLitigation, Mediation & Arbitration
Faranaaz Karbhari
Faranaaz Karbhari
Akriti Shikha
Akriti Shikha
Sharan Shetty
Sharan Shetty
Shray Mehta
Shray Mehta
Devam Singh
Devam Singh
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Chemco Plastic Industries Pvt Ltd v. Chemco Plast

Supreme Court of India | 2024 SCC OnLine Bom 1607

Background facts

  • Chemco Plastic Industries Pvt Ltd (Respondent) filed a Commercial Intellectual Property Suit, seeking an injunction to prevent Chemco Plast (Applicant) from infringing its registered trademark and misrepresenting its goods as that of Respondent (Suit). Additionally, the Respondent filed an Interim Application seeking an urgent interim relief. 
  • In furtherance of the same, the Applicant filed an Interim Application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) before the Bombay High Court (HC), seeking rejection of the plaint on the grounds of non-compliance of Section 12-A of the Commercial Courts Act, 2015 (Act) which mandates pre-suit mediation, on the part of the Respondent (Interim Application). 

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