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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Jagadish Chandira
Dr.Mumtaz Kutty – Appellant
Versus
Rahmath Banu – Respondent
| Table of Content |
|---|
| 1. petitioner's claim as landlady and rent details. (Para 1 , 2) |
| 2. counsel's argument on mediation application rules. (Para 3) |
| 3. court's acknowledgment of circumstances. (Para 4 , 5) |
| 4. mandatory nature of pre-institution mediation. (Para 6 , 7 , 8 , 9 , 10) |
| 5. order to set aside returning mediation application. (Para 11) |
ORDER :
A.D. Jagadish Chandira, J.
This revision petition has been filed seeking to set aside the Docket order dated 07.08.2024 in O.S.SR.No.1646 of 2024 on the file of the Principal District and Sessions Judge, Chengalpattu returning the Mediation Application Form filed under Rule 3(1) of the Commercial Courts (pre-Instituition Mediation and Settlement) Rules, 2018 and consequently direct the Authority to receive the Mediation Application Form in accordance with law.
2. Brief facts of the case:
The petitioner is landlady and she had rented out the premises in question to the respondent for running a diagnostic centre (for commercial purpose) for a period of 11 months and the monthly rent was fixed at Rs.1,37,500/- p.m. The respondent/tenant had failed to pay the rents. The petitioner had intended to file a commercial suit for recovery of outstanding rent
Pre-institution mediation is mandatory before the initiation of any commercial suit, and courts cannot require a plaint to be filed concurrently, as per legislative intent.
Pre-Institution Mediation and Settlement - Provisions of Section 12A of Act and Rules, in the context of pre-existing provisions of Code and General Rule Civil, as made applicable to proceedings unde....
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....
Non-compliance with the procedure of Pre-Institution Mediation under Section 12A of the Act does not apply if both parties refuse to participate and a non-starter report is generated.
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 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....
Pre-institution mediation under the Commercial Courts Act is required at the stage of suit initiation; however, if no mechanism exists, a suit cannot be invalidated for failure to comply.
Mandatory compliance with Section 12A of the Commercial Courts Act for Pre-Institution Mediation is required for the maintainability of commercial suits.
Section 12A of the Commercial Courts Act mandates pre-institution mediation, but if both parties refuse to participate, the suit may proceed without being barred by law.
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....
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