Novenco Building & Industry A/s vs. Xero Energy Engineering Solutions (P) Ltd. & Anr. (SC)

Commercial Courts Act, 2015–Sec. 12A–Code of Civil Procedure, 1908 –Order 7, Rule 11–Rejection of the suit for want of compliance with the provisions of Sec. 12-A–Justification–Suit with allegation of infringement of patent and design–The subject matter of the present action is continuing infirngement of intellectual property–Mere delay in bringing an action does not legalise an infringement and the same cannot defeat the right of the proprietor to seek injunctive relief against the dishonest user–Each day of continuing in frin-gement aggravates injury to the appellant’s intellectual property and erodes its market standing–Urgency is inherent in the nature of wrong–The High Court has proceeded on the premise that lapse of time between the appellant’s discovery of infringement and filing of suit neglated the element of urgency–It is contrary to the principle laid down by this Court–Impugned judgments set aside and suit restored.