Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RANA POLYCOT LIMITED – Appellant
Versus
M/S AMIT AND COMPANY – Respondent
JUDGMENT :
PANKAJ JAIN, J. (ORAL)
By way of present judgment, I intend to dispose off two revision petitions preferred by the defendant.
2. Civil Revision No.7506 of 2024 is directed against order 07.12.2024 whereby application filed by the defendant seeking rejection of plaint under Order VII Rule 11 CPC for want of pre-litigation mediation as mandated under Section 12A of the Commercial Courts Act, 2015 (hereinafter referred to as ‘2015 Act’), has been dismissed.
2. Civil Revision No. 4135 of 2024 is directed against order dated 01.07.2024 whereby application filed by the plaintiff under Order XXXVIII Rule 5 CPC, has been allowed.
3. Plaintiff filed suit seeking recovery of Rs.2,08,63,870/- as dues for the material supplied. Along with the plaint, plaintiff preferred an application under Order XXXVIII Rule 5 CPC seeking attachment before the judgment.
4. The Commercial Court vide order dated 01.07.2024 allowed application under Order XXXVIII Rule 5 CPC and has put on hold a sum of Rs.2,00,00,000/- belonging to the defendant/petitioner lying deposited in the bank account.
5. Defendant appeared and filed application under Order VII Rule 11 CPC seeking rejection of the plaint, claiming th
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....
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
A plaintiff may be exempt from mandatory pre-institution mediation under Section 12-A of the Commercial Courts Act when seeking urgent interim relief in ongoing infringement cases, despite any filing....
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.
The requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 is mandatory unless urgent interim relief is demonstrated, which must be assessed from the plaintiff....
The court ruled that pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory, with rejection of suits violating this mandate enforced prospectively from 20.08.2022, allo....
Rejection of plaint – When Plaint is filed with a prayer for urgent interim relief, Commercial Courts should examine nature and subject matter of suit, cause of action and prayer for interim relief.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
