Back
C. SARAVANAN
Junior Kuppanna Kitchens Private Limited – Appellant
Versus
Kuppanna Foods – Respondent
JUDGMENT :
(C. Saravanan, J.)
1. Heard learned counsel for the plaintiff and learned counsel for the respondent at length and have perused Section 12A of the Commercial Courts Act, 2015, which was introduced with effect from 03.05.2018 and the decision of the Hon'ble Supreme Court in Patil Automation Private Limited and ors. vs Rakheja Engineers Private Limited [2022 SCC OnLine SC 1028] and the four decisions relied by the learned counsel for the defendant in the following cases: M/s.Micro Labs Limited vs A.Santhosh dated 14.09.2022, Mohamed Aboobacker Chank Lungi Pvt. Ltd. vs Revathy Textiles and ors. dated 27.09.2022, Mr.K.Varathan vs Mr.Prakash Babu Nakundhi Reddy dated 13.10.2022 and M/s.Mango Mass Media Pvt. Ltd vs M/s.Bayshore Records and ors. dated 18.11.2022.
2. After hearing learned counsel appearing for the plaintiff and learned counsel for the defendant at length and after perusing the provisions of Section 12A of the Commercial Courts Act, 2015, Order XXXIX Rule 1, Rule 2 and Rule 3, this Court is of the view that the plaintiff, being the dominus litis, is entitled to file an application for interim injunction and Order XXXIX of Civil Procedure Code. It cannot be stated
The requirement of pre-institution mediation under Section 12A of the Commercial Courts Act does not apply when urgent interim relief is sought in a commercial suit.
The requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 is mandatory unless urgent interim relief is demonstrated, which must be assessed from the plaintiff....
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 – Commercial suit which does not contemplate any urgent relief under Commercial Courts Act shall not be instituted unless plaintiff exhausts remedy of Pre-Institution 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....
Section 12A of the CC Act mandates pre-litigation mediation, and claims for urgent relief must meet specific criteria to bypass this requirement.
Mandatory compliance with Section 12A of the Commercial Courts Act, 2015 for suits not contemplating urgent interim relief, and the prevention of deceptive invocation of urgent relief to circumvent t....
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
