AI Overview...
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Section 12A of the Commercial Courts Act, 2015 - The requirement of pre-institution mediation under Section 12A is generally mandatory for initiating commercial suits, especially those involving dishonoured cheques or money lending. Courts have recognized that compliance with Section 12A is essential for the maintainability of such suits, and non-compliance can lead to dismissal or rejection of the plaint. Ganga Taro Vazirani vs Deepak Raheja - Bombay, M/S BUILDX INTERIRIO PRODUCTS PVT. LTD. vs M/S AKSHITA MISTRY PROPRIETOR M/S AVALANCHA DESIGNZ - Karnataka, Ganga Taro Vazirani VS Deepak Raheja - Bombay, R. Radha @ Radha Ramalingam VS Madhan Raj - Madras, R. Radha @ Radha Ramalingam VS Madhan Raj - Madras
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Counter Claims and Section 12A - Courts have held that counterclaims filed in commercial suits do not necessarily require prior compliance with Section 12A mediation. When mediation pertains to the principal claim, the counterclaims can be entertained without strict adherence to Section 12A procedures, emphasizing procedural flexibility for counterclaims. M/S BUILDX INTERIRIO PRODUCTS PVT. LTD. vs M/S AKSHITA MISTRY PROPRIETOR M/S AVALANCHA DESIGNZ - Karnataka, ADITY A BIRLA FASHION AND RETAIL LIMITED Vs MRS SAROJ TANDON - Delhi
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Waiver of Section 12A Mediation Requirement - The procedural nature of Section 12A allows for waiver by the defendant, especially if the defendant does not raise the contention that the suit cannot be instituted due to non-compliance with Section 12A. Courts have noted that if the defendant does not object or invoke Section 12A at the appropriate stage, the requirement can be waived. Ganga Taro Vazirani VS Deepak Raheja - Bombay, ADITY A BIRLA FASHION AND RETAIL LIMITED Vs MRS SAROJ TANDON - Delhi
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Judicial Interpretation and Main Points - Courts have emphasized that Section 12A is a mandatory procedural step before filing a commercial suit, particularly under the Commercial Courts Act, 2015. Failure to comply can result in dismissal or rejection of the suit, unless the defendant waives the requirement or it is deemed unnecessary in specific contexts, such as counterclaims or when procedural fairness is maintained. Ganga Taro Vazirani vs Deepak Raheja - Bombay, R. Radha @ Radha Ramalingam VS Madhan Raj - Madras, Sk. Mansur Ali VS Kulnath Kapoor - Calcutta
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Main Insight - While Section 12A generally must be invoked and complied with for initiating commercial suits, especially those involving dishonoured cheques, courts recognize certain procedural flexibilities—particularly regarding counterclaims and waiver—where strict invocation of Section 12A may not be necessary. This underscores the importance of procedural compliance but also highlights judicial discretion in specific circumstances.
Conclusion:
Counterclaims in commercial suits do not necessarily require prior invocation of Section 12A mediation, and the requirement can be waived if not raised timely. However, for the main suit itself, compliance with Section 12A is generally mandatory, emphasizing the procedural nature of the provision under the Commercial Courts Act, 2015.
Search Results for "Counter Claim Commercial Suit Section 12a Need Not be Invoked"
• India - Original Side,Bombay
B. P. COLABAWALLA, J
) Act, 2014 - Section 13(1) and 12A - Summary Suit for recovery of Rs.5,54,00,000/- with interest based on dishonoured cheques issued ... the Commercial Courts Act; the court recognized that substantial compliance was evident - Conditional leave granted for the defendant ... (A) Civil Procedure Code, 1908 - Order XXXVII - Negotiable Instruments Act, 1881 - Section 138 - Maharashtra Money Lending (Regulation ... At no point of time has the defendant ever raised the contention that the present s....
2025 Supreme(Online)(Kar) 23934 • India - Karnataka High Court
M.NAGAPRASANNA, J
(A) Commercial Courts Act, 2015 - Section 12A - Pre-institution mediation - Whether compliance with Section 12A is necessary for ... counterclaims when mediation for the principal claim has been conducted - The court held compliance is not required for counterclaims ... (Paras 7-12) ... ... (B) The rationale for swift resolution in commercial disputes necessitates ... NAPL filed its combined Written Statement and Counter- #HL_STAR....
2021 0 Supreme(Bom) 191 • India - Bombay
B.P.COLABAWALLA
under section 12A of the Act. 3. ... The requirement of pre-institution mediation under section 12A of the CC Act is a procedural provision and can be waived by the defendant ... COMMERCIAL SUIT - DISHONOURED CHEQUES - SUMMARY SUIT - MONEY LENDING ACT - PRE-INSTITUTION MEDIATION - CPC - CC ACT - INTERPRETATION ... At no point of time has the defendant ever raised the contention that the present suit cannot be instituted because the plaintiff has #HL_....
2024 Supreme(Online)(DEL) 12884 • India - High Court of Delhi
MR. JUSTICE MANOJ JAIN, J
under Section 12-A of the Commercial Courts Act. ... (A) Commercial Courts Act, 2015 - Section 12-A - Civil Procedure Code - Order 7 Rule 11 and Order 8 Rule 6A - Pre-institution mediation ... (Paras 12, 27, 57) ... ... (B) Counter-Claim - Nature and treatment - A counter-claim ... However, since before lodging such counter-claim, the defendant had not invoked pre-institution m....
2022 7 Supreme 607 • India - Supreme Court
K. M. JOSEPH, HRISHIKESH ROY
– Commercial Courts Act, 2015 – Section 12A – Rejection of plaint – Order VII Rule 11 does not provide that court is to discharge ... (Para 84) (B) Civil Procedure Code, 1908 – Section 80 – Commercial Courts Act, 2015 – Section 12A – Indian ... (Paras 43 and 59) (C) Civil Procedure Code, 1908 – Section 89 – Commercial Courts Act, 2015 – Section 12A – ... Section....
2023 0 Supreme(Mad) 3412 • India - Madras
V. BHAVANI SUBBAROYAN
(A) Constitution of India - Article 227 - Commercial Courts Act, 2015 - Section 12-A - Civil Procedure Code - Order VII Rule 11 - ... loans with interest, but the petitioner sought dismissal on various jurisdictional grounds and the need for mediation under Section ... ... ... Issues: Whether the plaint in the commercial suit could be sustained without proper compliance with the preconditions of ... Section 12(a) of the COMMERCIAL COURTS ACT , 2015....
2023 0 Supreme(Mad) 3399 • India - Madras
V. BHAVANI SUBBAROYAN
(A) Commercial Courts Act, 2015 - Section 12-A - Jurisdiction of Commercial Courts - The court set aside the one-line order dismissing ... The plaintiff initiated criminal proceedings for cheque dishonour, supporting the claim for recovery in the commercial suit. ... 12-A is mandatory before instituting a suit under the Commercial Courts Act. ... Thus, the plaintiff has invoked the Commercial Courts Act 2015 and fi....
2022 0 Supreme(Mad) 3902 • India - Madras
M. SUNDAR
Commercial Appellate Division of High Courts Act of 2015 - Section 7, 12A - Civil Suit is preferred under Order IV Rule 1 of OS ... of CCA and Rules (subordinate legislation), which need to be made under sub-section (1) of Section 12A of CCA, both by Central Government ... rules read with Order VII Rule 1 of CPC and Section 7 of Commercial Courts, Commercial Division and Commercial#HL_EN....
2025 0 Supreme(Del) 637 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
Section 12A of the Act.
2025 0 Supreme(Cal) 83 • India - Calcutta
KRISHNA RAO
deemed commercial under Section 2(1)(c) of the Commercial Courts Act, 2015, but judgment passed in non-commercial division - Defendants ... (Paras 1-28) ... ... (B) Jurisdiction - The court emphasized that inherent powers cannot be invoked ... was commercial in nature. ... He submits that in the present case, no denial has been raised thus the plaintiffs did not have any opportunity to exhaust the remedy of pre-institution mediation for settling the issue under #HL_....
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