Back
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.
2. This appeal arises from the judgment and order passed by the High Court at Calcutta on its appellate side dated 22.02.2021 in C.O. No. 1678 of 2020 by which the High Court disposed of the revision application filed by the appellant herein by directing that the suit instituted by the respondent herein, i.e., Union of India, on 09.08.2019, shall be kept in abeyance for seven months from the date of the order or until the receipt of the report of the mediator, whichever is earlier. In other words, the High Court proceeded to pass an order keeping in mind S.12A of the Commercial Courts Act, 2015 (for short, 'the 2015 Act'), as amended in 2018.
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 09.08.20
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
