V. SIVAGNANAM
Divya A. Nichani – Appellant
Versus
Dipti D. Palicha – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India to set aside the order dated 05.02.2024 made in C.O.S.S.R.No.06/2024 made by the learned Commercial Court Judge, Chennai and thereby direct the registration of the case.)
1. This Civil Revision Petition has been filed to set-aside the order dated 05.02.2024 passed by the learned District Judge, Chennai made in C.O.S.S.R.No.6 of 2024 made and thereby direct the registration of the case.
2. The petitioner/plaintiff has presented the plaint for the relief of recovery of amount due under the promissory note executed by the defendants and the same was returned for representation for non-compliance of Section 12-A of the Commercial Court Act 2015 on the ground that the trial court is not satisfied with the urgent interim relief sought by the petitioner/plaintiff to get over Section 12-A of the C.C. Act.
3. The learned counsel for the petitioner submitted that the prayer for an urgent interim relief should be examined by the Court with the nature and subject matter of the suit, the cause of action and the prayer for interim relief. The facts and circumstances of the case have to be consi
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