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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL
GAURI GODSE
State Bank Of India, A Statutory Corporation Constituted Under The State Bank Of India Act, 1955 Having Its Corporate Centre At State Bank Bhavan – Appellant
Versus
State Bank of India – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding plaintiffs' claims. (Para 2 , 3 , 4) |
| 2. defendant's grounds for rejecting the plaint. (Para 5 , 6) |
| 3. court's observations on legal principles relevant to the case. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. court's rationale and decision regarding the rejection of the plaint. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. conclusion of the court rejecting the application. (Para 33) |
JUDGMENT :
GAURI GODSE, J.
1. This application is filed by defendant no. 1 for rejection of the plaint under Order VII Rule 11(a) and (d) of the CIVIL PROCEDURE CODE , 1908 (“CPC”). Defendant no. 1 has prayed for rejection of the plaint on the ground that it does not disclose any cause of action against defendant no.1, the plaint is barred for non-compliance with the mandatory provision of Section 12- A of the COMMERCIAL COURTS ACT , 2015 (“the said Act”) and on the ground that the suit is barred by limitation.
Facts In Brief In The Plaint:
2. According to the plaintiffs, they supply bunkers to ocean- going vessels. The plaintiffs have entered into a commercial agreement under which the orders procured by them wer
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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.
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....
The court held that compliance with the pre-institution mediation requirement under Section 12-A of the Commercial Courts Act is mandatory for sustaining a commercial suit.
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