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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
Palakolanu Sudhakar Reddy, S/o. Krishna Redy – Appellant
Versus
Chunchu Sandhya Rani, W/o. Chunchu Rama Krishna – Respondent
ORDER :
PRADEEP SINGH YERUR, J.
1. Heard learned senior counsel - Sri Suresh Lokre alongwith learned counsel - Sri Shravan S. Lokre for petitioner and learned Counsel - Sri S.V. Giridhar for Respondent Nos.1 and2.
2. Parties shall be referred to as per their ranking before the Commercial Court.
3. This petition is filed by the petitioners/defendant Nos.1 and 2 seeking the following reliefs:
"a) Issue a writ of certiorari or of any other nature to set aside the impugned orders passed under I.A No.1 and 2 by the XI Additional District and Sessions Judge (dedicated commercial court) Bangalore rural district, Bangalore dated 24/06/2025 in commercial O.S.No.134/2025 (ANNEXURE-A)
b) Issue a Writ of Mandamus or any other nature directing the XI Additional District and Sessions Judge (dedicated commercial court) Bangalore rural district, Bangalore dated 24/06/2025 in Commercial O.S. No.134/2025 to return the plaint and direct the compliance of Pre- Institution Mediation as contemplated under Sec.12-A of the Commercial Courts Act.
c) Award the costs and grant such other relief(s) as this Hon'ble Court may deem fit and necessary in the above Writ Petition in the interest of justice and equity."
4.
Procedural fairness in judicial orders is essential; orders issued without proper notice and opportunity to the affected parties are unsustainable in law.
Pre-litigation mediation under Section 12A of the Commercial Courts Act is mandatory; however, if mediation has occurred prior to suit registration, further mediation is not required.
The mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 must be complied with for a suit to be maintainable.
A plaintiff must establish a prima facie case for attachment before judgment, ensuring no asset disposal occurs that could obstruct potential recovery, as underscored by Order 38 Rules 5 and 6 of CPC....
Recovery of amount – Attachment of property – Void as the property subject matter of the suit not standing in the name of the first defendant, as the entire claim in the suit was against the first de....
Satisfaction of the Court is a pre-requisite for grant of conditional attachment under Order XXXVIII, Rule 5 of CPC. Failure to comply with the requirements of Order XXXVIII, Rule 5 of CPC renders th....
The court ruled that adequate notice was served to the defendants, and the suit was commercial in nature, but the decree could not be set aside due to alternative remedies available under the Code of....
Urgent interim relief can be granted without prior mediation under Section 12A of the Commercial Courts Act if urgency is established, allowing plaintiffs to proceed with their suit.
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