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D. BHARATHA CHAKRAVARTHY
N. Mohan – Appellant
Versus
G. Balamurugan – Respondent
ORDER :
(D. Bharatha Chakravarthy, J.)
(Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and pleased to set aside the fair and decretal order in I.A.No.03 of 2023 in C.O.S.No.01 of 2022 dated 15.06.2024 on the file of the learned Sub Court, Kovilpatti.)
The Civil Revision Petition is filed against the fair and decretal order dated 15.06.2024 made in I.A.No.03 of 2023 in C.O.S.No.01 of 2022 on the file of the learned Sub Court, Kovilpatti.
2. By the said order, the interlocutory application filed by the petitioner was dismissed. By the said interlocutory application, the petitioner has prayed for rejection of plaint under Order VII, Rule 11 of CPC. The contention of the petitioner was that when the suit is taken on file as a commercial suit, the petitioner had not resorted to the mandatory pre-litigation mediation under Section 12-A of the Commercial Courts Act, 2015 and as such, the trial Court has no other go than to reject the plaint for not resorting to pre-litigation mediation.
3. The trial Court considered the case of the parties and considered the fact that firstly, the suit was initially filed as a normal suit and ther
Pre-litigation mediation under Section 12-A of the Commercial Courts Act, 2015 is mandatory, and failure to comply necessitates rejection of the plaint unless the court finds genuine urgency in the r....
The court affirmed the mandatory nature of pre-suit mediation under Section 12A of the Commercial Courts Act, 2015, ruling for rejection of plaint lacking demonstration of urgency.
The court upheld the rejection of the plaint for failing to comply with mandatory pre-suit mediation under Section 12A of the Commercial Courts Act, 2015.
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
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....
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....
The court ruled that substantial compliance with pre-litigation mediation is sufficient under Section 12A of the Commercial Courts Act, 2015, allowing a case to proceed without re-initiating mediatio....
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.
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.
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