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IN THE HIGH COURT AT CALCUTTA
ANIRUDDHA ROY
Berger Paints India Limited – Appellant
Versus
Gphp Holdings Pvt Ltd – Respondent
| Table of Content |
|---|
| 1. plaintiff claims unpaid dues and contemplates urgency. (Para 2 , 3 , 4 , 5) |
| 2. defendant contests urgency and claims prior awareness. (Para 6 , 15 , 17) |
| 3. court stresses need for evaluation of urgency in claims. (Para 20 , 22 , 24) |
| 4. court clarifies conditions under which mediation may be dispensed. (Para 21 , 23) |
| 5. application by defendant denied based on merit. (Para 30) |
JUDGMENT :
ANIRUDDHA ROY, J.
FACTS:
1. The instant application has been filed by the defendant for withdrawal and/or cancelling and/or revoking the direction of the Co-ordinate Bench granting dispensation of requirement under Section 12A of the Commercial Courts Act, 2015 (for short “CC Act”).
2. The claim of the plaintiff was for unpaid consideration on account of goods sold and delivered by the plaintiff to the defendant.
3. On the basis of contemplating an urgency for an interim order, the petitioner/plaintiff applied before this Court seeking dispensation of the requirement under Section 12A of the CC Act being the pre-suit mediation procedure.
4. The principal averments made by the plaintiff, in support of such claim, are quoted from the plaint:
“10. The parties were maintaining running and continu
Urgent interim relief under Section 12A of Commercial Courts Act permits dispensation of pre-litigation mediation if properly articulated by the plaintiff.
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....
Under the Commercial Courts Act, 2015, pre-suit mediation is mandatory, and merely claiming urgency is insufficient without demonstrable evidence in the pleadings.
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
The mandatory nature of pre-institution mediation under Section 12A of the Commercial Courts Act requires genuine urgency to bypass mediation.
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