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2021 Supreme(All) 381

SAUMITRA DAYAL SINGH
Awasthi Motors – Appellant
Versus
Managing Director M/S Energy Electricals Vehicle – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shashank Tripathi.

JUDGMENT :

1. Certified copy of the formal order filed today. Taken on record.

2. Defect reported stands cured. Office to allot regular number to the appeal.

3. Heard Shri Shashank Tripathi, learned counsel for the appellant.

4. The appeal has been heard on the following question of law:-

    "Whether deposit of court fee on the valuation of the plaint is a pre-condition to maintain an application under Section 12A of The Commercial Courts Act, 2015 read with Rule 3 of The Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018?"

5. Present appeal has been filed under Section 13(1)A of The Commercial Courts Act, 2015 (hereinafter referred to as the Act) against the order of the Presiding Officer, Commercial Court, Jhansi (hereinafter also referred to as the 'learned court below'), dated 4.1.2021. By that order, the learned court below has rejected the appellant's application - paper no.14C/2, praying for issuance of notice to the respondent for pre-institution mediation and settlement. Also, order has been passed rejecting the other application paper no. 15C/2 filed by the appellant praying for extension of time, to deposit the deficient court fee on the valuation of the pla

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