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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
AMPL Resources Pvt. Ltd. – Appellant
Versus
Eastern Coalfields Ltd. – Respondent
| Table of Content |
|---|
| 1. application under article 227 against commercial court order. (Para 1 , 2) |
| 2. details of money suit and application for pre-institution mediation. (Para 3 , 4 , 5 , 6 , 30) |
| 3. petitioner's arguments against the trial judge's order. (Para 7 , 8 , 9 , 10) |
| 4. trial judge's decision upholds urgency in relief. (Para 11 , 12) |
| 5. issues for consideration defined. (Para 13 , 14) |
| 6. section 12a and its implications. (Para 15 , 16 , 17) |
| 7. mandatory nature of section 12a established. (Para 18 , 19 , 20) |
| 8. court's duty to ascertain urgent interim relief. (Para 21 , 22 , 23) |
| 9. assessment of urgency in the plaintiff's claims. (Para 27 , 39 , 43) |
| 10. final decision dismissing the revision application. (Para 51 , 52) |
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. This application under Article 227 of the Constitution of India is at the instance of the first defendant and is directed against an order being no. 8 dated May 22, 2025 passed by the learned Judge, Commercial Court at Asansol in IA No. 05 of 2025 in Money Suit (Commercial) No. 01 of 2025.
2. By the order impugned, the application filed by the petitioner being IA No. 05 of 2025 praying for revocation of leave granted to the plaintiffs/
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 ruled that pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory, with rejection of suits violating this mandate enforced prospectively from 20.08.2022, allo....
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.
The Commercial Courts Act mandates pre-institution mediation under Section 12A, which is to be enforced prospectively from 20.08.2022, allowing suits filed before this date to proceed without dismiss....
Maintainability of commercial suit – Suit which does not contemplate any urgent interim reliefs cannot be instituted unless plaintiff exhausts mandatory remedy provided under Section 12A of Commercia....
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