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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
R.Radha Ramalingam – Appellant
Versus
MadhanRaj Hindu Undivided Family, Rep. By its Kartha Madhan Raj, S/o. K.Ramalingam – Respondent
COMMON ORDER
These Civil Revision Petitions have been filed to set aside the Order and Decreetal Order dated 02.01.2025 made in I.A. No.7 of 2024 in C.O.S. No.9 of 2022 & I.A. No.4 of 2024 in C.O.S. No.10 of 2023 on the file of the Commercial District Court, Salem.
2. These revisions have been filed challenging the dismissal of Interlocutory Applications filed by the revision petitioners, being defendants in two Commercial Suits, seeking rejection of the plaint.
3. Heard Mr.N.Jothi, learned Senior Counsel for Mr.S.Vinod, learned counsel for the petitioners and Mr.Arun Anbumani, learned counsel for Mr.N.Guruprasad, learned counsel for the respondent.
4. The arguments of the learned Senior Counsel Mr.N.Jothi, can be summarized as hereunder:
(i) The suit claim is for recovery of money based on promissory note and the same does not fall within any of the 22 categories enumerated under Section 2 (1)(c) of the Commercial Courts Act, 2015 (in short 'Act').
(ii) The promissory note can never be a commercial dispute, entitling the respondent to move the Commercial Court.
(iii) Neither the cause of action nor the averments and allegations of the plaint, vest jurisdiction with the Commercial Court
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 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.
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 main legal point established in the judgment is that the definition of a commercial dispute is expansive and includes transactions related to lending money for business purposes by non-banking fi....
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....
A dispute must arise from ordinary transactions of merchants, bankers, financiers, and traders to qualify as a commercial dispute under the Commercial Courts Act, 2015.
The central legal point established in the judgment is the interpretation of 'commercial dispute' under the Commercial Courts Act, 2015, emphasizing the need for a commercial flavor and purpose in th....
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