Plaint Cannot Be Rejected Even If No Satisfaction Is Recorded By Court On Bypassing Pre-Institution Mediation U/S 12A Of Commercial Courts Act: Calcutta HC

The Calcutta High Court bench of Justice Raja Basu Chowdhury has held that admission of the plaint by the Commercial Court without recording satisfaction as to whether the requirement of pre-institution mediation under section 12A of the Commercial Courts Act, 2015 can be bypassed and a case for urgent relief is established, cannot be said to be fatal and the plaint cannot be rejected on this ground alone. It is the case of the applicant that the present suit could not have been filed bypassing the pre-institution mediation provided under section 12A of the Commercial Courts Act. It was further contended that the Supreme Court in Yamini Manohar versus T. K. D. Keerthi held that although, the provisions of Section 12A of the Commercial Courts Act may not require grant of a formal leave by a Court but the same does not do away with the object of consideration as 4 to whether the suit contemplates an urgent relief or not. The court can conduct such an inquiry to dismantle the falsity and deception created in the plaint to bypass the pre-institution mediation provided under section 12A of the Commercial Courts Act.