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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, ADVAIT M.SETHNA
Advanced Technology Products Inc. – Appellant
Versus
Oriental Export Corporation – Respondent
| Table of Content |
|---|
| 1. factual background of defective products and procedural history (Para 1 , 2 , 3) |
| 2. mandatory prior notice to opposite party in review (Para 4 , 5) |
| 3. same judge must hear review absent two-month unavailability (Para 6 , 7) |
| 4. review requires specific grounds, not appellate rehearing (Para 8 , 9 , 10) |
| 5. court records conclusive; urgency for trial court (Para 11 , 12 , 13) |
| 6. no opposite party pre-suit mediation dispensation stage (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 7. no prejudice; suit institutes upon plaint numbering (Para 21 , 22) |
| 8. alternate judge hears review on urgency despite short absence (Para 23 , 24 , 25) |
| 9. order xlvii rule 5 violated by alternate judge (Para 26 , 27 , 28 , 30 , 31 , 32 , 33) |
| 10. appeal allowed; order set aside; stay rejected (Para 34 , 35 , 36 , 37) |
JUDGMENT :
R.I. CHAGLA J.
1. By this Commercial Appeal from Order, the Appellant / Original Defendant has challenged the exparte order dated 25th April, 2025 passed by the Presiding Judge, Court No.2, City Civil Court, Dindoshi (alternate Judge, Court No.3), in Review Application No.2 of 2025 in Commercial Suit No.149 of 2025.
2. By the impugned Order, the alternate Judge has set aside the order
Alternate judge cannot hear review under Order XLVII Rule 5 CPC if original judge available post short leave; violation invalidates exparte review order lacking notice and grounds, distinguishing fro....
Section 12A of the Commercial Courts Act mandates pre-institution mediation, but if both parties refuse to participate, the suit may proceed without being barred by law.
The duty of fair disclosure and the exceptional nature of without notice applications, emphasizing the importance of time-limited injunctions and the reserved liberty for the Defendants to apply for ....
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....
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.
Under the Commercial Courts Act, 2015, pre-suit mediation is mandatory, and merely claiming urgency is insufficient without demonstrable evidence in the pleadings.
Mandatory compliance with Section 12A of the Commercial Courts Act for Pre-Institution Mediation is required for the maintainability of commercial suits.
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