JUDGMENT :

KRISHNA RAO, J.

1. The defendant no. 2 has filed the instant application being GA 4 of 2022 under Order VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of plaint. The defendant no. 2 says that the plaintiff has filed the instant suit without complying with the provisions as enumerated under Section 12A of the Commercial Courts Act, 2015.

2. The plaintiff has filed the instant suit before the Commercial Division on the ground that the suit filed by the plaintiff relates to commercial dispute within the meaning of Commercial Courts Act, 2015.

3. Mr. Anirban Ray assisted by Mr. Domingo Gomes, Learned Advocates representing the defendant no. 2 submits that the plaintiff has not exhausted the remedy of pre-institution mediation in accordance with the manner and the procedure as prescribed under law.

4. Mr. Ray further submits that even the plaintiff has not prayed for any urgent interim relief in the suit and thus the suit filed by the plaintiff is required to be dismissed for not following the procedure as prescribed under law.

5. Mr. Ray submits that the suit filed by the plaintiff is barred by limitation as the work order was issued on 19.01.2015 and the suit was