JUDGMENT Ms.Medhini Rao, learned counsel for Mr.Harikrishna S.Holla, learned counsel for the appellant. None for the respondent though served. 1. This appeal under Section 13(1A) of the Commercial Courts Act, 2015, has been filed against the order dated 05.07.2022 passed in Com.O.S.No.943/2022 by the LXXXII Additional City Civil and Sessions Judge, Bengaluru (for short, 'the Commercial Court') by which the commercial Court has directed return of the plaint on the ground that the appellant has failed to comply with Section 12A of the Commercial Courts Act. 2. The facts giving rise to filing of the appeal briefly stated are that the appellant, which is the company incorporated under the provisions of the Companies Act, 1956, filed a suit for permanent injunction restraining the respondent from infringing the plaintiff's registered trademark in respect of the Prestige and Prestige Group and Prestige Estates. Along with the suit, the plaintiff filed an application seeking ad-interim order of injunction under Order XXXIX Rule 1 and 2 of CPC. 3. The Commercial Court, however, by an order dated 05.07.2022 returned the plaint on the ground that the plaintiff has failed to comply with the mandate contained in Section 12A of the Commercial Courts Act, 2015. 4. We have heard the learned counsel for the appellant at length. 5. Section 12A of the Commercial Courts Act, is extracted below for facility of reference: 12A. Pre-Institution Mediation and Settlement-(1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of preinstitution mediation in accordance with such manner and procedure as may be prescribed by rules made by the Central Government. 6. Thus, it is evident that the provisions of Section 12A of the Commercial Courts Act apply to a suit which does not contemplate any urgent interim relief. In the instant case, the appellant, along with the plaint, has filed an application seeking ad-interim relief which in the matter of infringement of trademark can be said to be an urgent interim relief. 7. The Commercial Court, therefore, grossly erred in applying the provision of Section 12A of the Commercial Courts Act to the facts of the case. 8. For the aforementioned reasons, the impugned order dated 05.07.2022 is set-aside. The Commercial Court is directed to deal with the plaint expeditiously in accordance with law. In the result, the appeal is allowed.