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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 :
I.A. 10952/2025 (filed on behalf of the plaintiff seeking exemption from pre-institution mediation and settlement)
Factual Matrix
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 void ab initio.
5. As per the case set up by the plaintiff, in February 2024, defendant No. 1 unlawfully assigned the AHNL loan to Defendant No. 2 based on an allegedly forged and fabricated ICL Agreement dated 14.12.2022, which is the same date as the ICD agreement. The plaintiff avers that the ICL Agreement was signed by defendant No. 3, Mr. Harvinder Singh, acting without authority and contrary to the company's internal resolutions and legal mandate.
7. In the plaint, it is alleged by the plaintiff that the defendants, while acting in collusion, orchestrated a fraudulent scheme to usurp i
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.
Section 12A of the Act of 2015 is mandatory, and a commercial suit of specified value which does not contemplate any urgent interim relief under the Act of 2015, cannot not be instituted unless the p....
(1) Section 12A of Commercial Courts Act, 2015 is mandatory and enacted in larger public interest. Section 12A does not come into play if suit contemplates an urgent relief.(2) If plain meaning of wo....
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