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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Gauri Godse
In the matter between : Lakhani Realty LLP – Appellant
Versus
Kalina Vihar Darshan Co-operative Housing Society – Respondent
| Table of Content |
|---|
| 1. application for rejection of plaint based on statutory compliance. (Para 1 , 2 , 3) |
| 2. defendants argue against urgency of interim relief. (Para 4 , 5 , 6 , 7 , 8) |
| 3. supreme court precedents on urgent interim relief. (Para 9 , 11 , 18) |
| 4. plaintiff contends necessity for urgent actions. (Para 12 , 14 , 19 , 22 , 23) |
| 5. court's analysis on compliance with section 12a. (Para 24 , 26 , 30 , 31) |
| 6. court's order rejecting interim applications. (Para 32 , 33) |
ORDER :
Gauri Godse, J.
Interim Application No. 5492 of 2025 and
Interim Application No. 5975 of 2025
1. Interim Application No. 5492 of 2025 by defendant no. 5, and Interim Application No. 5975 of 2025 by defendant no. 13 are filed praying for rejection of the plaint under clause (d) of Rule 11 of Order VII of the Code of Civil Procedure (“CPC”). Objection raised by these defendants for rejection of the plaint is non-compliance with the mandatory provision under Section 12A of the Commercial Courts Act, 2015 (“the said Act”).
2. The suit is filed for specific performance of the redevelopment agreements executed by the plaintiff with defendant no. 1-society, and some of their members, for the redevelopment of the society b
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.
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.
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....
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....
The Commercial Courts Act mandates pre-institution mediation only for suits that do not seek urgent interim relief. Courts must assess the necessity for such relief based on the facts presented.
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.
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