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MOUSHUMI BHATTACHARYA
Proactive Ship Management Private Limited – Appellant
Versus
Owners and Parties Interested in the Vessel Green Ocean – Respondent
JUDGMENT
Moushumi Bhattacharya, J.—The defendant no. 1 Green Ocean Seaways Private Limited has filed the present application for revocation of leave granted to the plaintiff under section 12-A of The Commercial Act, 2015, dispensing with pre-institution mediation in relation to the Admiralty Suit being AS 6 of 2023. The defendant no. 1 also prays for rejection of the plaint and for dismissal of the suit in tune with the first prayer.
2. The prayer for dismissal and revocation of leave arises out of an order dated 19.10.2023 which recorded that there was no urgency for moving the affidavit of arrest on an earlier occasion. Learned counsel appearing for the defendant no. 1 argues that the plaintiff’s suit for payment of outstanding amounts allegedly due to the plaintiff was on account of services rendered to the erstwhile owner of the vessel. Counsel submits that the suit was instituted on the basis of the leave granted by the Court on 13.10.2023 dispensing with the mandatory compliance of the provision of pre-institution mediation under the 2015 Act. Counsel submits that the plaint and affidavit of arrest are bereft of any pleadings on urgency and that the cause of action arose some
Revocation of leave – Power to revoke dispensation granted under Section 12-A of Commercial Courts Act, 2015 can be made even suo motu without being tethered to application made by defendant in that ....
The main legal point established in the judgment is that the plaintiff must establish urgency for the suit at the time of institution, and the grant of relief is not relevant for deciding the issue o....
The court established that the Master has the power to grant leave under section 12-A of The Commercial Courts Act, 2015, and the subsequent conduct of the defendant indicated acceptance and curing o....
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.
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....
The court emphasized the importance of raising relevant issues in a timely manner and the need for parties to act diligently in pursuing their claims or defenses.
Pre-litigation mediation under Section 12A of the Commercial Courts Act is mandatory; however, if mediation has occurred prior to suit registration, further mediation is not required.
The judgment establishes the mandatory nature of pre-institution mediation under Section 12A of the Commercial Courts Act, emphasizing the retrospective effect of the provision and the distinction be....
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