Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
Exclusive Capital Limited Through Its Authorized Epresentative, Mr. Achal Kumar Jindal – Appellant
Versus
Clover Media Private Limited – Respondent
| Table of Content |
|---|
| 1. plaintiff alleges fraudulent manipulation of agreements. (Para 2 , 3 , 4) |
JUDGMENT :
PURUSHAINDRA KUMAR KAURAV, J.
I.A. 10952/2025 (filed on behalf of the plaintiff seeking exemption from pre-institution mediation and settlement)
The instant application is preferred by the plaintiff under Section 12A (1) of the Commercial Courts Act, 2015 (hereinafter referred to as “the Act”), seeking exemption from pre-institution mediation.
Factual Matrix
2. The present commercial suit has been instituted by Exclusive Capital Ltd., a Non-Banking Financial Company (NBFC), against Clover Media Pvt. Ltd. i.e., defendant No. 1, VSJ Investments Pvt. Ltd. i.e., defendant No. 2, Mr. Harvinder Singh, i.e., defendant No. 3, and defendant No. 4, i.e., Asian Hotels (North) Ltd (AHNL) seeking declaratory and injunctive reliefs.
3. The Plaintiff prays for a decree declaring the Inter-Corporate Loan Agreement dated 14.12.2022 (hereinafter referred to as “ICL Agreement”) executed between the plaintiff and defendant No. 1, and the Assignment Deed dated 01.02.2024 (hereinafter referred to as “VSJ Assignment Agreement”) executed between defendant No. 1 and defendant No. 2, to be illegal, non-est, and
The mandatory nature of pre-institution mediation under Section 12A of the Commercial Courts Act requires genuine urgency to bypass mediation.
Pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory unless genuine urgency is shown; plaintiff must substantiate claims of urgency.
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....
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....
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
Rejection of plaint – Simply because plaintiffs did not succeed in obtaining interim relief, same cannot be a ground for rejection of plaint – Even a weak case for urgent relief cannot be thrown out.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
