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DELHI HIGH COURT
C.HARI SHANKAR
Extreme Coating Private Ltd. – Appellant
Versus
Jotun India Private Ltd. – Respondent
| Table of Content |
|---|
| 1. dispute overview and procedural background (Para 1 , 2 , 3) |
| 2. trial court's rejection of the objection based on mediation (Para 4 , 5 , 6 , 7) |
| 3. interpretation of pre-institution mediation requirements (Para 10 , 11 , 12 , 13) |
| 4. legal impossibility of compliance with mediation (Para 14 , 15 , 16) |
| 5. conclusion and costs imposed (Para 17 , 18 , 19) |
1. This petition under Article 227 of the Constitution of India assails orders dated 16th August 2021 and 2nd February 2022, passed by the learned District Judge (Commercial Courts) ("the learned Commercial Court") in CS DJ 1070/2018 (Jotun India Pvt. Ltd. v. Extreme Coatings Pvt. Ltd.).
2. CS DJ 1070/2018 was preferred by the respondent against the petitioner. The dispute between parties being admittedly commercial, the suit was filed as a commercial suit under the provisions of the Code of Civil Procedure, 1908 (CPC), as amended by the Commercial Courts Act, 2015.
3. The petitioner, as the defendant in the suit, moved an application under Order VII Rule 11 of the CPC, seeking rejection of the suit on the ground that it had been filed in violation of Section 12-A1 of the Commercial Courts Act, whic
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