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V. LAKSHMINARAYANAN
Techmates Marketing Services – Appellant
Versus
ION Exchange India Limited – Respondent
ORDER :
V. Lakshminarayanan, J.
This civil revision petition arises against the order of the learned Principal District Judge at Krishnagiri in I.A. No. 2 of 2023 in O.S. No. 197 of 2021 dated 17.04.2024.
2. The civil revision petitioner is the defendant in the suit. O.S. No. 197 of 2021 has been presented for recovery of a sum of Rs.28,03,310/- . This amount represents the balance payable, under a purchase order dated 20.04.2016. For the purpose of disposal of the revision, the facts of the case are not necessary.
3.The defendant, on appearance, filed its written statement. Thereafter, it took out an application under Order VII Rule 11 (d) of the Code of Civil Procedure r/w. Section 12A of The Commercial Courts Act, 2015 (in short 'the Act'). The plea is an extremely simple one. According to the defendant, the Supreme Court had held in Patil Automation Private Limited & Ors Vs. Rakheja Engineers Private Limited, 2022 (10) SCC 1 that Section 12-A of the Act is mandatory. Since the plaintiff had not followed the mandatory mediation process, the plaint is liable to be rejected. This application was numbered as I.A. No. 2 of 2023 in O.S. No. 197 of 2021. Notice was issued to the responden
Section 12A of the Commercial Courts Act, 2015 is mandatory, but non-compliance may be excused if the necessary mediation infrastructure was unavailable at the time of filing.
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(1) Section 12A of Commercial Courts Act, 2015 is mandatory – Any suit instituted violating mandate of Section 12A must be visited with rejection of plaint under Order VII Rule 11 – This power can be....
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The Commercial Courts Act mandates pre-institution mediation under Section 12A, which is to be enforced prospectively from 20.08.2022, allowing suits filed before this date to proceed without dismiss....
Pre-litigation mediation under Section 12A of the Commercial Courts Act is mandatory; however, if mediation has occurred prior to suit registration, further mediation is not required.
The judgment establishes the mandatory nature of pre-institution mediation under Section 12A of the Commercial Courts Act, emphasizing the retrospective effect of the provision and the distinction be....
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....
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....
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