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2021 Supreme(Cal) 159

DEBANGSU BASAK
Laxmi Polyfab Pvt Ltd – Appellant
Versus
Eden Realty Ventures Pvt Ltd – Respondent


Advocates Appeared:
Rajeev Kumar Jain, Advocate, Ayush Jain, Advocate, Surajit Nath Mitra, Advocate, Reetobroto Mitra, Advocate, Deepak Jain, Advocate, Jayanta Mitra, Advocate, Debdut Mukherjee, Advocate, Prith Basu, Advocate, Sabyasachi Chowdhury, Advocate, Rajarshi Dutta, Advocate, Avirup Chattaerjee, Advocate, Swatarup Banerjee, Advocate, Paritosh Sinha, Advocate, Manali Bose, Advocate, Saubhik Chowdhury, Advocate, Dripto Majumdar, Advocate, Ayusmita Sinha, Advocate, Sandip Dutta, Advocate, Ranjan Bachawat, Advocate, Meghajit Mukherjee, Advocate, Vikas Tewary, Advocate, Anik Banerjee, Advocate, C.K. Saha, Advocate, Syed Hassan, Advocate, Subid Ali, Advocate, Sayantan Bose, Advocate, K.K. Pandey

JUDGMENT

Debangsu Basak, J. - Several applications in suits pending before the Commercial Division as well as in suits pending before the Ordinary Original Civil Jurisdiction of this Hon ble Court along with petitions under the Arbitration and Conciliation Act, 1996 pending in the Commercial Division of this Hon ble Court as well as in the Ordinary Original Civil Jurisdiction of this Hon ble Court have been heard analogously as they involved issues relating Section 12A and Section 15 of the Arbitration and Conciliation Act, 1996.

2. The Advocates appearing for the respective parties have advanced elaborate submissions in support of their respective contentions. For the sake of convenience, the respective submissions have been summarised in the paragraphs hereinafter.

3. The following issues have arisen for consideration :-

    (1) Is Section 12A of the Commercial Courts Act, 2015 mandatory or directory?

      (2) What is the interplay of Section 12A and Section 15 of the Commercial Courts Act, 2015 in a suit involving a commercial dispute within the meaning of Section 2(1)(c) of the Act of 2015 filed in the Ordinary Original Civil Jurisdiction of a High Court subsequent to the date of notific

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