JUDGMENT

Shampa Sarkar, J. - This revisional application has been filed by the defendant in Money Suit No.28 of 2019, challenging the order dated December 21, 2020 passed by the learned Judge, Commercial Court at Alipore, rejecting an application being I.A. No. 190 of 2020. I.A. No. 190 of 2020 was an application filed by the defendant for rejection of the plaint being barred under Order VII Rule 11 (d) of the Code of Civil Procedure. It was the contention of the petitioner that only when an urgent interim relief was prayed for in a commercial suit, the suit could be instituted without exhausting the remedy of Pre-Institution Mediation. In all other cases, as per Section 12A of the Commercial Courts Act, 2015 (hereinafter referred to as the said Act) initiation of mediation was compulsory before filing the suit and Pre-Institution Mediation and Settlement Rules, 2018 (hereinafter referred to as the said Rules) would have to be followed. Thus, it was the bounden duty of the plaintiffs/opposite parties to first approach the Authority authorised by the Central Government for settlement of the dispute by way of mediation and on failure of settlement, the plaintiffs would be entitled to