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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Aarthi Scans Private Limited – Appellant
Versus
Konica Minolta Business Solutions India Private Limited – Respondent
ORDER :
S.SOUNTHAR, J.
The Civil Revision Petition is filed challenging the order passed by the Principal Commercial Court, Egmore, Chennai in C.O.S.(S.R.).No.63 of 2026, dated 03.02.2026 returning the plaint presented by the petitioner with direction to comply with Pre-Institution Mediation and Settlement procedure contemplated under Section 12A of the Commercial Courts Act, 2015.
2. The petitioner herein filed a suit in C.O.S.(S.R.).No.63 of 2026 seeking a declaration that commercial arrangement between the petitioner/plaintiff and the respondent/defendant stood terminated on 31.05.2025 and the usage of printers by the plaintiff belonging to the defendant, until 31.05.2025, was on a unit-rate basis. The petitioner also sought for a declaration that alleged agreements dated 31.10.2023, 08.11.2023, 27.02.2024, 18.06.2024 and 06.12.2024 are illegal, void, unenforceable and not binding on the plaintiff as those agreements were executed without authority or approval of the plaintiff's Board of Directors and the same stands terminated with effect from 31.05.2025. The plaintiff also sought for permanent injunction restraining the defendant from raising or demanding any invoices from 31.05.
The Commercial Courts Act mandates pre-institution mediation only for suits that do not seek urgent interim relief. Courts must assess the necessity for such relief based on the facts presented.
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....
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....
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....
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.
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
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