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HARISH TANDON, PRASENJIT BISWAS, HARISH TANDON, PRASENJIT BISWAS
Odisha Slurry Pipeline Infrastructure Ltd. – Appellant
Versus
IDBI Bank Ltd. – Respondent
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
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....
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
The requirement of pre-institution mediation under Section 12A of the Commercial Courts Act does not apply when urgent interim relief is sought in a commercial suit.
(1) Section 12A of Commercial Courts Act, 2015 is mandatory and enacted in larger public interest. Section 12A does not come into play if suit contemplates an urgent relief.(2) If plain meaning of wo....
Mandatory compliance with Section 12A of the Commercial Courts Act, 2015 for suits not contemplating urgent interim relief, and the prevention of deceptive invocation of urgent relief to circumvent t....
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....
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