Back
RAJA BASU CHOWDHURY
Haldibari Tea Manufacturers LLP – Appellant
Versus
Mahindra Tubes Limited – Respondent
JUDGMENT
Raja Basu Chowdhury, J.—Challenging the order dated 10th September, 2024 passed in Commercial Suit No. 1 of 2023 rejecting the application for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure 1908 read with Section 151 thereof (hereinafter referred to as the said Code), the instant revisional application has been filed.
2. The aforesaid application under Order VII rule 11 of the Code has been filed, inter alia, on the ground that the instant suit could not have been filed bypassing the remedy of mandatory pre-institution mediation as provided for in Section 12A of the Commercial Courts Act, 2015 (hereinafter referred to as the “said Act”) especially having regard to the fact that the plaint does not contemplate an urgent relief.
3. It may be noted that the instant suit was filed on 15th March, 2023 and simultaneously with the filing of the suit an injunction application was moved. However, since, there were deficit court fees, the learned Court by the order no.2 dated 16th March, 2023 refused to pass any interim order under the provisions of Order XXXIX rule 1 and 2 of the Code without payment of the deficit court fees. It appears that by order
Rejection of plaint – Simply because plaintiffs did not succeed in obtaining interim relief, same cannot be a ground for rejection of plaint – Even a weak case for urgent relief cannot be thrown out.
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....
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....
(1) Section 12A of Commercial Courts Act, 2015 is mandatory – Any suit instituted violating mandate of Section 12A must be visited with rejection of plaint under Order VII Rule 11 – This power can be....
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
The mandatory nature of pre-institution mediation under Section 12A of the Commercial Courts Act requires genuine urgency to bypass mediation.
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....
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....
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
