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MOUSHUMI BHATTACHARYA, NAGESH BHEEMAPAKA
State of Telanagana – Appellant
Versus
Siddartha Constructions Private Limited – Respondent
ORDER :
(Per Justice Moushumi Bhattacharya)
The present Civil Revision Petition arises out of an order dated 19.03.2024 passed by the Commercial Court at Hyderabad rejecting an application filed by the petitioners for rejection of the plaint under Order VII Rule 11 of The Code of Civil Procedure, 1908.
2. The plaintiff/respondent herein had filed a Suit for a direction on the defendants/petitioners herein to pay Rs.29,78,10,763/- to the plaintiff along with future interest @ 24% p.a. The petitioners filed the present Interlocutory application in the said Suit for rejection of the plaint. The Commercial Court dismissed the petitioners’ application on the ground that the Suit filed by the respondent/plaintiff was within the period of limitation i.e., from 15.03.2020 to 28.02.2022 covered by the orders passed by the Supreme Court in the wake of the Covid-19 pandemic. The Trial Court was of the view that the issue of limitation, being a mixed question of fact and law, cannot be decided at the threshold and would require adjudication of the pleadings and evidence which are to be led by the parties.
3. The other objection taken by the petitioners was on the respondent circumventing the manda
The bar against Civil Revision Applications from interlocutory orders under Section 8 of the Commercial Courts Act is enforceable, and the requirement for pre-institution mediation was not applicable....
The main legal principle established is the mandatory nature of pre-litigation mediation and the requirement for the suit to contemplate urgent interim relief under Section 12A of the Commercial Cour....
The main legal point established in the judgment is the interpretation of the definition of 'Commercial Dispute' under Section 2(1)(c-xviii) of the Act of 2015 and the prospective effect of the manda....
A Civil Revision Petition is maintainable against a final order of the Commercial Appellate Authority under Section 115 of CPC, despite the bars on appeals and revisions in the Commercial Courts Act.
The court upheld that urgency in a suit is determined by the latest events leading to its filing, justifying the need for urgent interim relief under section 12A of the Commercial Courts Act, 2015.
The court ruled that an order impacting substantial rights does not qualify as purely interlocutory, allowing revision under Article 227 despite commercial disputes being generally barred from such r....
The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.
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