JUDGMENT :

(Moushumi Bhattacharya, J.) :

1. The defendant no. 1 Green Ocean Seaways Private Limited has filed the present application for revocation of leave granted to the plaintiff under section 12-A of The Commercial Act, 2015, dispensing with pre-institution mediation in relation to the Admiralty Suit being AS 6 of 2023. The defendant no. 1 also prays for rejection of the plaint and for dismissal of the suit in tune with the first prayer.

2. The prayer for dismissal and revocation of leave arises out of an order dated 19.10.2023 which recorded that there was no urgency for moving the affidavit of arrest on an earlier occasion. Learned counsel appearing for the defendant no. 1 argues that the plaintiff’s suit for payment of outstanding amounts allegedly due to the plaintiff was on account of services rendered to the erstwhile owner of the vessel. Counsel submits that the suit was instituted on the basis of the leave granted by the Court on 13.10.2023 dispensing with the mandatory compliance of the provision of pre-institution mediation under the 2015 Act. Counsel submits that the plaint and affidavit of arrest are bereft of any pleadings on urgency and that the cause of action a