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KRISHNA RAO
Ceramist Multipurpose Cold Storage – Appellant
Versus
Canara Bank, Mid Corporate Branch – Respondent
JUDGMENT :
Krishna Rao, J.
1. The defendant has filed the present application for dismissal of C.S No. 128 of 2018 on the ground that in the plaint itself the plaintiff has admitted that the cause of action to file the suit arose in the year 2008 and in the year 2011, admittedly, the suit is barred by limitation.
2. The defendant further contended that the plaintiff had relied upon the dates March 8, 2012 and March 7, 2012 when the plaintiff had made the final payment in respect of all accounts to the defendants and the suit is filed in the year 2018 which is barred by limitation.
3. The defendant further contented that the plaintiff has instituted the suit in the Commercial Division without seeking leave to dispense with the pre-institution mediation as contemplated under the Commercial Courts Act, 2015.
4. The plaintiff has filed the suit against the defendant for decree of Rs. 8,57,19,563/-along with interest and damages against the defendant bank.
5. Mr. Debmalya Ghosal, learned Counsel for the defendant has drawn the attention of this Court to the paragraphs 14, 22, 32, 33 and p
Pre-institution mediation under the Commercial Courts Act, 2015 was not mandatory for suits filed before December 11, 2020, when the requisite infrastructure for mediation was not in place.
The main legal point established in the judgment is the interpretation of the provisions of the Money-Lending Act, 2014, Section 13, and the Commercial Courts Act, 2015, Section 12A, to determine the....
Rejection of plaint – Simple Recovery Suit cannot be termed as Commercial Suit.
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.
Section 12A of the Commercial Courts Act mandates exhaustion of pre-institution mediation unless a suit clearly contemplates urgent interim relief, a point upheld by the court in dismissing the petit....
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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