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CALCUTTA HIGH COURT
Arijit Banerjee, J
IPJ Industrial Corporation – Appellant
Versus
M/s Esskay Machinery Pvt. Ltd. – Respondent
Headnote: Read headnote
Dictated by Arijit Banerjee, J.
1. This appeal is directed against an order dated February 28, 2023, passed by the learned Judge, Commercial Court at Rajarhat, North 24 Parganas, in M.S.- 1/2022(CC), being a Money Suit instituted by the present appellant against the respondent herein. The appellant’s suit was for recovery of price of goods sold and delivered to the respondent.
2. The respondent took out an application for rejection of the plaint under Order 7 Rule 11(d) of the Code of Civil Procedure contending that the suit is barred by law inasmuch as the requirement of pre-suit mediation under Section 12A of the Commercial Courts Act, 2015 had not been complied with by the plaintiff.
The court affirmed the mandatory nature of pre-suit mediation under Section 12A of the Commercial Courts Act, 2015, ruling for rejection of plaint lacking demonstration of urgency.
The court upheld the rejection of the plaint for failing to comply with mandatory pre-suit mediation under Section 12A of the Commercial Courts Act, 2015.
Section 12A of the Commercial Courts Act requires pre-institution mediation for suits not seeking urgent relief, establishing a mandatory procedural framework.
Pre-litigation mediation under Section 12-A of the Commercial Courts Act, 2015 is mandatory, and failure to comply necessitates rejection of the plaint unless the court finds genuine urgency in the r....
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....
Mandatory compliance with Section 12A of the Commercial Courts Act for Pre-Institution Mediation is required for the maintainability of commercial suits.
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....
The Commercial Courts Act mandates pre-institution mediation under Section 12A, which is to be enforced prospectively from 20.08.2022, allowing suits filed before this date to proceed without dismiss....
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