Himachal Pradesh High Court: Commercial Suits Without Mandatory Mediation Cannot Proceed

The Himachal Pradesh High Court held that commercial suits filed without undergoing mandatory pre-institution mediation must be rejected unless genuine urgency exists.

The Court observed that the plaintiff cannot bypass pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, without demonstrating urgent relief necessity.

The plaintiff filed a trademark infringement suit over the "Glucon-D" and "Glucon-C" marks. 

The Court found the plaintiff was aware of the alleged infringement since April 2023 but failed to demonstrate urgency when filing suit in 2025. The Court rejected the plaint under Order VII Rule 11(d) CPC for bypassing the statutory mediation requirement.

[Zydus Wellness Products Ltd. v Karnal Foods Pack Cluster Limited & Ors.]