COMMERCIAL APPEAL No. 27 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD COMMERCIAL APPEAL No. - 27 of 2025 M/s Jay Chemical Works .....Appellant(s) Versus M/s Sai Chemicals .....Respondent(s) Counsel for Appellant(s) : Imran Syed, Anil Kumar Sahu Counsel for Respondent(s) : Devansh Misra, Arun Kumar Misra Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 19.09.2024 passed by Commercial Court, Kanpur Nagar in Commercial Suit No. 3 of 2020, whereby the plaint filed by the appellant has been ordered to be returned under provisions of Order VII Rule 10 CPC for non-compliance of provisions of Section 12-A of the Commercial Court Act, 2015 (for short 'the Act of 2015'). 2. The suit was filed on 12.08.2020 along with an application under Order XXXIX Rules 1 and 2 CPC seeking a decree for permanent injunction against the defendants restraining the defendants, their proprietors, heirs, representatives, employees, servants, dealers, sub-dealers, stockiest and all other persons on their behalf from infringing the registered trade mark of the plaintiff and further restraining them from selling, manufacturing, trading etc of the allegedly dec