JUDGMENT :

(Arindam Mukherjee, J.) :

1. This is an application made by the defendant No.1, inter alia, for revocation of leave under Section 12 A of the Commercial Courts Act, 2015 (hereinafter referred to as 2015 Act) and rejection of plaint with an ad interim prayer for stay of all further proceedings till disposal of the said application. The defendant No.1 says that from the averments made in the plaint it will not appear that the suit which is essentially one arising out of commercial dispute as envisaged in Section 2 (c) of the 2015 Act and instituted in the Commercial Division of this Court, contemplate any urgent interim relief for which the plaintiff cannot wait to exhaust the remedy of pre-institution mediation when application thereof has been held mandatory. The plaintiff naturally opposed the application on the ground that the suit contemplates urgent interim relief. The defendant No.3, however, has supported the cause of defendant No.1 and says that on a formal reading of the averments in the plaint it will appear even taking the same to be true and correct that the suit does not contemplate urgent interim relief.

2. The plaint case for convenience can be summarised as