IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.04.2025 CORAM THE HONOURABLE MS. JUSTICE P.T. ASHA C.R.P (PD) No.1684 of 2025 &

C.M.P.No. 9758 of 2025 Senthilkumar ... Petitioner vs.

M/s.Muthu Poultry Agencies Rep by its power Agent, Mr.Tamilselvan No.5/36, Ettigoundanpudhur, Aavalnayakkanpatti Post, Namakkal Taluk ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to strike off the plaint in COS.No.8 of 2023 on the file of the Principal District Court, Namakkal.

For Petitioner : Mr. S.Saravanakumar

ORDER

The petitioner before this Court is the defendant in the suit COS.No.8 of 2023 on the file of the Principal District Court, Namakkal. The revision is filed to strike of the plaint.

2. The only ground on which the plaint is sought to be rejected is on the ground that the plaintiff has not resorted to the pre litigation mediation under Section 12 A of the Commercial Court Act.

3. In paragraph No.8 of the plaint it has been stated as follows:

“thjp ,j;jhthtpid jhf;fy; bra;tjw;F Kd; The Commercial Court Act Sec 12A go jhth bjhifia tr{ypf;f Prelitigation Mediation Center y; kD bfhLj;jpUf;f ntz;Lk;/ gpujpthjp thjp epWtdj;jpw;F brYj;j ntz;oa nfhHp jPtz epYit ghf;fp bjhifapiza[k;. ,juhfsplk; bgw;w fld; bjhifapida[k; Vkhw;Wk; bfl;l vz;zj;Jld; bray;gl;L ic&ahUf;F ghj;jpag;gl;l cld; $g;jp kDtpy; fz;l brhj;Jf;fis tpw;gid bra;a Kad;W tUtjhy; cld; $g;jp kDtpy; mtrukf cj;jput[ bgUk; bghUl;L The Commercial Court Act Section 12A go jhth bjhifia tr{ypf;f Prelitigation Mediation Center kD bfhLf;fhky; rK:fk; nfhu;l;oy; neuoahf ,j;jhth jhf;fy;

bra;ag;gl;Ls;sJ/

4. Further the plaintiff has also filed IA.No.3 of 2023 along with the plaint for seeking an attachment before the Judgement of the property which after contest has been ordered by the Principal District Judge, Namakkal, on 01.02.2024. After suffering the said order and not challenging it the petitioner has come forward with the revision for striking of the plaint.

5. As extracted supra,the plaintiff has stated as to why urgent orders were required and therefore pre-mediation cannot be resorted. The Civil Revision Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.

23.04.2025 Index: Yes/No Internet: yes/No kan To

1.The Principal District Court, Namakkal.

P.T. ASHA.J kan

23.04.2025