IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.10.2024 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Appeal (CAD) No.26 of 2023 M/s.Dimensions, a Partnership Firm rep. By its Partner Dr.A.Sudhahar, S/o. I.Adithan, having office at

57, Krishnaswamy Mudaliar Street, R.S.Puram, Coimbatore. .. Appellant Vs

1.M/s.Hethaiamman Charitable Trust rep. By its Chairman/Managing Trustee Hallan, S.F. No.992, Onnipalayampudur, Karamadai to Airport Road, Coimbatore – 641 019.

2.Hallan, Managing Director of M/s.Hethaiamman Charitable Trust Having Office at S.F. No.992, Onnipalayampudur, Karamadai to Airport Road, Coimbatore – 641 019. .. Respondents Appeal filed under Order XLI Rule 1 r/w Section 96 of The Code of Civil Procedure, 1908 and Section 13(1A) of The Commercial Courts Act, 2015 against the judgment and decree dated 12.09.2023 made in I.A. No.2 of 2023 in C.O.S. No.59 of 2023 on the file of the Commercial Court (District Judge Cadre), Coimbatore.

For Appellant : Mr.N.Manokaran For Respondents : Mr.R.Balasubramanian

JUDGMENT

(Judgment of the Court was delivered by M.Sundar, J.

Captioned appeal is directed against an order dated

12.09.2023 made in I.A.No.2 of 2023 in C.O.S. No.59 of 2023 {[Coimbatore P.D.J. Court Old C.O.S. No.11 of 2021] (CNR No.TNCB01-000626-2021)} on the file of the Commercial Court (District Judge Cadre), Coimbatore. This '12.09.2023 order' shall be referred to as 'impugned order' and 'Commercial Court (District Judge Cadre), Coimbatore' shall be referred to as 'said Commercial Court' both for the sake of convenience and clarity.

2. In and by the impugned order, said Commercial Court has rejected a plaint dated 27.01.2021 for non-compliance of Section 12A of 'The Commercial Courts Act, 2015 (4 of 2016)' [hereinafter 'CCA' for the sake of brevity].

3. The proceedings made in the listing on 24.09.2024 can be usefully referred to and the same reads as follows:

M. SUNDAR, J.

and DR. A.D. MARIA CLETE, J.

(Order of the Court was made by M. SUNDAR, J.)

A plaint with a prayer for recovery of money predicated on an agreement for construction of a school (money suit) was presented on the file of the Principal District Court, Coimbatore on 27.01.2021. The institution of the said suit was on 01.02.2021 (as per e-Court portal). To be noted, the suit, on institution, manifested itself as C.O.S.No.11 of 2021. Thereafter, dedicated Commercial Courts were constituted in Coimbatore. Suits stood transferred to the file of the Commercial Court inter-alia under Section 15(4) of the 'Commercial Courts Act, 2015' ('CCA' for the sake of brevity) and the suit became C.O.S.No.59 of 2023 (CNR No.TNCB01-000626- 2021) on the file of the Commercial Court (District Judge Cadre) in Coimbatore [This 'Commercial Court (District Judge Cadre), Coimbatore' shall hereinafter be referred to as 'said Commercial Court' for the sake of convenience and clarity].

2. The two defendants in the suit took out an application in I.A. No.2 of 2023 with a prayer for rejection of plaint (Order VII Rule 11 CPC) primarily on the ground that it is barred by Section 12A of CCA, i.e., owing to non-compliance qua section 12A of CCA. This application was allowed vide order dated 12.09.2023 and the plaint was rejected. Therefore, the plaintiff is on appeal before us.

3. Mr. N. Manokaran, learned counsel for appellant/plaintiff and Ms. D. Kalaiselvi, learned counsel for respondents/defendants are before us.

4. Mr. N. Manokaran, learned counsel for appellant/plaintiff, adverting to paragraph 8 of the impugned order, makes a short point. Learned counsel submits that said Commercial Court has clearly noted that the Hon'ble Supreme Court, in Patil Automation Pvt. Ltd and vs. Rakheja Engineers Pvt. Ltd.¹, has made it clear that Section 12A of CCA is mandatory and has held the same to be prospective but has rejected the plaint in his case notwithstanding the same being well and truly prior to 20.08.2022 which is the appointed prospective day