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SUPREME COURT
, J
Dhanbad Fuels Private Limited (M/s.) v. Union of India
| Table of Content |
|---|
| 1. conclusion of the court dismissing the appeal. (Para 1 , 66 , 67 , 68) |
| 2. overview of appeal and case background. (Para 2 , 3) |
| 3. court's analysis and observations. (Para 4 , 25 , 58) |
| 4. arguments from the appellant and the union. (Para 5 , 14 , 15 , 16) |
| 5. mandatory nature of section 12a of the 2015 act. (Para 19 , 20 , 21 , 22 , 26 , 38 , 43 , 62) |
1. Leave granted.
3. A. FACTUAL MATRIX
The facts giving rise to this appeal may be summarised as under:
a. The respondent Union of India instituted Money Suit No. 28 of 2019 on 09.08.2019 in the Commercial Court, Alipore against the appellant herein for the recovery of a sum of Rs.8,73,36,976/- (Rupees Eight Crore, Seventy - Three Lakh, Thirty - Six Thousand, Nine Hundred and Seventy - Six only) towards differential freight and penalty. Indisputably, no urgent interim relief was prayed for in the said suit.
b. No sooner the suit referred to above came to be instituted than the appellant herein, as defendant, raised a preliminary objection in its written statement dated 20.12.2019 as regards the maintainability of the suit without availing the remedy of pre - institution mediation under S.12A of the 2015 Act read with Pre - Ins
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