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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE
Buildcon Sethia Construction – Appellant
Versus
Dipti Co-operative Housing Society Ltd. – Respondent
| Table of Content |
|---|
| 1. non-compliance with section 12a. (Para 1) |
| 2. arguments against the suit's urgency. (Para 2 , 3 , 4) |
| 3. plaintiff's justification for urgency. (Para 5 , 6 , 7 , 8) |
| 4. consideration of urgency from the plaintiff's viewpoint. (Para 9 , 10 , 11 , 12 , 13) |
| 5. legal principles for evaluating non-compliance. (Para 14 , 15 , 16) |
| 6. application rejected. (Para 17) |
JUDGMENT :
GAURI GODSE, J.
FACTS IN BRIEF:
1. This application is filed by the defendant under Order VII Rule 11 of the Civil Procedure Code, 1908 (‘CPC’), praying to reject the plaint under clause (d) of Order VII Rule 11 of the CPC on the ground that the suit filed without following the mandatory requirement under Section 12A of the Commercial Courts Act, 2015 (‘said Act’) deserves to be rejected. It is the objection on behalf of the defendant that the suit does not contemplate any urgent interim relief. Thus, in view of the well-settled legal principles, the plaint deserves to be rejected for non-compliance with Section 12A of the said Act.
SUBMISSIONS ON BEHALF OF THE DEFENDANT:
2. Learned senior counsel for the defendant relies upon the relevant paragraphs in the plaint and submits that the redevelopment agreement in
Urgent interim relief must be justified by clear pleadings indicating its necessity, assessed holistically from the plaintiff's perspective, in line with Section 12A of the Commercial Courts Act.
Urgent interim relief must be substantively justified by the plaintiff's pleadings; merely seeking such relief does not bypass mandatory compliance with pre-litigation mediation under Section 12A.
Commercial suit plaint not rejected for skipping pre-institution mediation if pleadings holistically show urgent interim relief contemplated from plaintiff's view to avert asset disposal and irrepara....
Commercial suit plaint not rejected under O VII R 11 for bypassing Sec 12-A pre-mediation if urgent interim relief contemplated from plaintiff's plaint averments showing apprehension of harm from bre....
Rejection of plaint – Simply because plaintiffs did not succeed in obtaining interim relief, same cannot be a ground for rejection of plaint – Even a weak case for urgent relief cannot be thrown out.
Section 12A of the Commercial Courts Act mandates exhaustion of pre-institution mediation unless a suit clearly contemplates urgent interim relief, a point upheld by the court in dismissing the petit....
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