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V. BHAVANI SUBBAROYAN
R. Radha @ Radha Ramalingam – Appellant
Versus
Madhan Raj – Respondent
| Table of Content |
|---|
| 1. overview of loan agreements and repayment failures. (Para 2) |
| 2. arguments focusing on the maintainability of the suit. (Para 3 , 6) |
| 3. details on specific revision petitions and their claims. (Para 4 , 5) |
| 4. arguments regarding the maintainability of the suits. (Para 7) |
| 5. court's observations on legal precedents regarding commercial disputes. (Para 8 , 9) |
| 6. final rulings on the revisions and their implications. (Para 12) |
| 7. final determination on petitions regarding jurisdictional compliance. (Para 20 , 21 , 22) |
ORDER :
Prayer in CRP No. 3672 of 2022: Civil Revision Petition filed under Article 227 Constitution of India to reject the plaint filed in C.O.S. No. 118 of 2021 in terms of Order VII Rule 11(a) and (d) of the CIVIL PROCEDURE CODE .
Prayer in CRP No. 3800 of 2022: Civil Revision Petition filed under Article 227 Constitution of India to set aside the order and decreetal order dated 03.09.2022 made in I.A.No. 4 of 2022 in COS No. 9 of 2022 on the file of the Commercial District Judge, C.R.P.Nos.3672, 3800 of 2022, 338 and 2123 of 2023 & C.M.P.Nos.19457, 20005 of 2022, 12931 of 2023 Salem by allowing the present Revision.
Prayer in CRP No. 338 of 2023: Civil Revisi
The court held that compliance with the pre-institution mediation requirement under Section 12-A of the Commercial Courts Act is mandatory for sustaining a commercial suit.
The mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 must be complied with for a suit to be maintainable.
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.
Promissory notes qualify as commercial disputes under the Commercial Courts Act, enabling suits for money recovery in the Commercial Court despite challenges on jurisdiction and compliance with proce....
The court emphasized the importance of pre-institution mediation in commercial disputes, the need for proper infrastructure and trained mediators, and the court's discretion to adjust equities for th....
The main legal principle established is the mandatory nature of pre-litigation mediation and the requirement for the suit to contemplate urgent interim relief under Section 12A of the Commercial Cour....
The court ruled that pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory, with rejection of suits violating this mandate enforced prospectively from 20.08.2022, allo....
(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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