Odisha Slurry Pipeline Infrastructure Ltd. VS IDBI Bank Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HARISH TANDON, PRASENJIT BISWAS, HARISH TANDON, PRASENJIT BISWAS
Odisha Slurry Pipeline Infrastructure Ltd. – Appellant
Versus
IDBI Bank Ltd. – Respondent

Counsel for the Parties:
(FMAT 360 of 2022)
For the Appellants:Mr. Deepak Khosla, Ms. Anjana Banerjee and Mr. Rohan S. Nandy, Advocates
(FMAT 360 of 2022)
For the Respondent No.39:Mr. Jaydip Kar, Sr. Advocate, Mr. Abhishek Swaroop, Mr. Arkaprava Sen, Mr. Anupam Prakash and Mr. Naman Kamdar, Advocates
(FMAT 360 of 2022)
For the Respondent No.50:Mr. Jishnu Saha, Mr. Dwaipayan Basu Mallick, Mr. Amitabh Shukla and Mr. Ashutosh Shukla, Advocates
(FMAT 314 of 2022)
For the Appellants:Mr. Deepak Khosla, Ms. Anjana Banerjee and Mr. Rahan S. Nandy, Advocates
(FMAT 314 of 2022)
For the Respondent No.1:Mr. Jishnu Saha, Mr. Dwaipayan Basu Mallick and Mr. Ashutosh Shukla, Advocates
(FMAT 314 of 2022)
For the Respondent No.2:Mr. Jaydip Kar, Sr. Advocate, Mr. Abhishek Swaroop, Mr. Arkaprava Sen, Mr. Anupam Prakash and Mr. Naman Kamdar, Advocates
(FMAT 258 of 2022)
For the Appellants:Mr. Suresh Sahni and Mr. Soumik Ghosh, Advocates
(FMAT 258 of 2022)
For the Respondents:Mr. Rupak Ghosh, Ms. Sanjukta Gupta and Ms. Sananda Ganguli, Advocates

JUDGMENT

Harish Tandon, J.—The slew of litigations have been percolated in the docket of the Court raising the questions which are common in nature though argued separately by the different set of counsels and were heard in phase manner as the point of law remained common and if decided would impact the decision several such litigations on the factual matrix.

2. The seminal question involved in the aforesaid matters relates to institutions of a suit involving commercial disputes covering the specified value without exhausted the pre litigation mediation contemplated under Section 12 A of the Commercial Courts Act, 2015 whether or not involving the urgent interim reliefs.

3. The Commercial Courts Act was promulgated in the year 2015 with the avowed object of securing the speedy disposal of the high value commercial disputes through a special forum i.e. by establishing the commercial Courts, Commercial Division and the Commercial Appellate Division of the High Court. At the time of birth of the said Act, there was no concept of pre-institution mediation which sees the light of the day after introduction of Chapter III-A of the said Act by Act 28th of 2018 w.e.f 3.5.2018. The said cha

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HARISH TANDON, PRASENJIT BISWAS, HARISH TANDON, PRASENJIT BISWASOdisha Slurry Pipeline Infrastructure Ltd. – AppellantVersusIDBI Bank Ltd. – Respondent

Cases Referred (1)

HARISH TANDON, PRASENJIT BISWAS, HARISH TANDON, PRASENJIT BISWAS
Odisha Slurry Pipeline Infrastructure Ltd. – Appellant
Versus
IDBI Bank Ltd. – Respondent