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K. VINOD CHANDRAN, PARTHA SARTHY
Johnson Paints Pvt. Ltd. – Appellant
Versus
Johnson Paints Co. – Respondent
K. Vinod Chandran, CJ.—The defendant in Commercial Dispute Case No. 02 of 2023 is before this Court against the order of the learned District Judge, Patna dated 04.01.2024, who is the designated court under the Commercial Courts Act, 2015.
2. Shri Y.V.Giri, learned Senior Counsel appearing for the respondent/plaintiff, raised a preliminary objection that the appeal is not maintainable since the order is not one under Order XLIII of the Code of Civil Procedure, 1908. It is pointed out that the order only makes over the case to the Additional District Judge (for brevity ‘ADJ’), which cannot be faulted and surely not entitled to be challenged in an appeal. Reliance is placed on Jaycee Housing Private Limited & Ors. vs. Registrar (General) Orissa High Court, Cuttack & Ors., (2023) 1 SCC 549 [: 2022 (6) BLJ 382 (SC)] and Yamini Manohar vs. T.K.D. Keerthi, 2023 SCC OnLine SC 1382.
3. Shri S.D.Sanjay, learned Senior Counsel appearing for the appellant, submits that the order has two limbs, one the waiver of Section 12A of the Commercial Courts Act, 2015 (for brevity ‘C.C.Act’), which is not permissible and the other making over of the records of the case to the learned ADJ-XIV. Reliance is
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.
Maintainability of commercial suit – Suit which does not contemplate any urgent interim reliefs cannot be instituted unless plaintiff exhausts mandatory remedy provided under Section 12A of Commercia....
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
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.
The court ruled that substantial compliance with pre-litigation mediation is sufficient under Section 12A of the Commercial Courts Act, 2015, allowing a case to proceed without re-initiating mediatio....
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.
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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