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CALCUTTA HIGH COURT
Arijit Banerjee, J
IPJ Industrial Corporation – Appellant
Versus
M/s Esskay Machinery Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. court's authority in contracts and claim recovery. (Para 1) |
| 2. requirements for rejecting a plaint based on procedural compliance. (Para 2 , 3) |
| 3. discussion regarding the impact of prior correspondence on mediation. (Para 4 , 5 , 6) |
| 4. court's emphasis on statutory compliance in civil procedure. (Para 7 , 8 , 9) |
| 5. dismissal of appeal affirming trial court's decision. (Para 10) |
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.
3. Learned Judge noted that although there was an application which was filed by the plaintiff seeking dispen
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