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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.Swaminathan
Jagadeesan – Appellant
Versus
K.R.Nivethan – Respondent
| Table of Content |
|---|
| 1. dealership agreement details and goods type. (Para 2 , 3) |
| 2. details of the dealership agreement and the urgency due to perishability. (Para 4) |
| 3. maintainability of the petition given the nature of the order. (Para 5) |
| 4. clarification on revision petition maintainability. (Para 6 , 12) |
| 5. interpretation of the commercial courts act and implications on revision petitions. (Para 7) |
| 6. definition and scope of interlocutory orders. (Para 8 , 10 , 11) |
| 7. recognition of drinking water as perishable goods. (Para 13) |
| 8. conclusion permitting disposal of expired goods. (Para 14) |
ORDER :
G.R. Swaminathan, J.
The plaintiff in O.S No.7 of 2023 on the file of the Sub Court, Kulithalai is the revision petitioner herein. The revision petition is directed against the order dated 02.02.2024 in I.A No.2 of 2023 in the suit.
2. The case of the revision petitioner/plaintiff is as follows :
The plaintiff is the managing partner of a firm running a licensed packaged drinking water unit in Kulithalai. The defendants approached the plaintiff and expressed their interest in becoming their dealer. They, however, insisted on using their brand name “Ocean Waves”. The plaintiff entered into a dealershi
The court ruled that an order impacting substantial rights does not qualify as purely interlocutory, allowing revision under Article 227 despite commercial disputes being generally barred from such r....
The bar against Civil Revision Applications from interlocutory orders under Section 8 of the Commercial Courts Act is enforceable, and the requirement for pre-institution mediation was not applicable....
A Civil Revision Petition is maintainable against a final order of the Commercial Appellate Authority under Section 115 of CPC, despite the bars on appeals and revisions in the Commercial Courts Act.
The court ruled that a development agreement for agricultural land falls under Article 6 (C) of the Indian Stamp Act, requiring payment of deficit stamp duty for admissibility, and that the order is ....
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 question of limitation in a suit involving a sick industrial company is a mixed question of law and fact, requiring a full trial to resolve.
The court ruled that an ex-parte order is interlocutory and barred from revision under the Commercial Courts Act, but the petitioner retains the right to participate in ongoing proceedings.
A dissolved entity cannot maintain a suit as per the Insolvency and Bankruptcy Code, rendering any orders passed by a court lacking jurisdiction illegal.
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