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IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
Myna Homes Private Limited – Appellant
Versus
Preeti Bansal, Wife Of Mr. Vinod Bansal – Respondent
| Table of Content |
|---|
| 1. claims surrounding commercial agreements and proposed actions. (Para 3 , 4 , 5) |
JUDGMENT :
I.A. 16164/2025 (BY THE PLAINTIFF- FOR EXEMPTION FROM PRE-INSTITUTION MEDIATION UNDER SECTION 12A CCA , 2015)
2. The instant civil suit is for various reliefs, inter alia, seeking specific performance of a collaboration agreement dated 03.06.2015 (hereinafter referred to as the 'agreement').
3. In May 2015, the Plaintiff is stated to have been approached by defendant Nos. 1 and 2 with a proposal to reconstruct a property situated at U-29, Green Park Main, New Delhi (hereinafter referred to as the 'suit property'). As per a mutual understanding, the Plaintiff was to demolish and reconstruct the entire property, post which the Ground Floor and First Floor would be owned by the Plaintiff, while the Second and Third Floors would belong to Defendant No. 1.
5. However, as per the Plaintiff’s case, it later came to light that Defendant No. 1 had also agreed the Second Floor of the same property to one Mrs. Kusum Srivastava. Further complications arose when Defendant No. 6 i.e., Union Bank of India (hereinafter referred to as the 'Bank') issued a legal notice alleging that the suit prop
Pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory unless genuine urgency is shown; plaintiff must substantiate claims of urgency.
The mandatory nature of pre-institution mediation under Section 12A of the Commercial Courts Act requires genuine urgency to bypass mediation.
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....
Pre-institution mediation is mandatory before filing a commercial suit, and failure to demonstrate urgency can lead to rejection of the plaint under Order VII Rule 11.
A plaintiff may be exempt from mandatory pre-institution mediation under Section 12-A of the Commercial Courts Act when seeking urgent interim relief in ongoing infringement cases, despite any filing....
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
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....
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