Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court
1 year, 5 months ago

Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court

Live Law  

While reiterating the mandatory nature of Section 12A of the Commercial Suits Act, which mandates pre-litigation mediation unless the suit contemplates urgent relief, the Supreme Court stated that plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief.The Commercial Court should examine that the prayer for urgent interim relief. While reiterating the mandatory nature of Section 12A of the Commercial Suits Act, which mandates pre-litigation mediation unless the suit contemplates urgent relief, the Supreme Court stated that plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief. The Commercial Court should examine that the prayer for urgent interim relief is not a "disguise or mask to wriggle out of and get over Section 12A of the CC Act." Section 12A of the Commercial Suits Act says that a suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted without exhausting the remedy of pre-litigation mediation.

Supreme Court Mediation Commercial Relief Urgent Suit Act Code Interim Prayer Interim Relief Commercial Courts Section 12A Order Vii Rule 11 12A Urgent Interim Relief  urgent  act  plea  interim  commercial  12a  prelitigation  relief  mediation  s12a  examine  suit  disguise  supreme  court  prayer

History of this topic

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
1 month, 1 week ago

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

Live Law  

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 …

[S.12A Commercial Courts Act] Pre-Institution Mediation Is Intended To Encourage Parties To Use Litigation As Last Resort: Calcutta HC
1 month, 3 weeks ago

[S.12A Commercial Courts Act] Pre-Institution Mediation Is Intended To Encourage Parties To Use Litigation As Last Resort: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that the clear intent of Section 12A of the Commercial Courts Act, 2015 is to encourage parties to use litigation as a last resort and to resolve commercial disputes amicably, informally, cheaply and quickly under the process of mediation. Additionally, the court modified the interim …

S.12 A Commercial Courts Act | Allowing Suit To Remain In Records On Contingency That Urgency May Arise Later, Patently Contradictory: Calcutta HC
1 year ago

S.12 A Commercial Courts Act | Allowing Suit To Remain In Records On Contingency That Urgency May Arise Later, Patently Contradictory: Calcutta HC

Live Law  

The Calcutta High Court has held that when pleading urgency under Section 12 A of the Commercial Courts Act, allowing the suit to remain in records on a contingency of urgency which may arise at a later date, is patently contradictory. Counsel for the plaintiff submitted that an order under Section 12A was not revocable, since the need for urgent …

Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory: Delhi High Court
1 year ago

Requirement Of Pre-litigation Mediation Under Section 12-A Of Commercial Courts Act Is Mandatory: Delhi High Court

Live Law  

The Delhi High Court bench comprising Justice Prateek Jalan held that the requirement of pre-litigation meditation under Section 12-A of the Commercial Courts Act, 2015 is mandatory in nature. Brief Facts: The Plaintiff approached the Delhi High Court and field an application requesting for an exemption from pre-litigation mediation, as mandated by Section 12-A of the Commercial Courts Act, 2015. …

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court
1 year, 4 months ago

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court

Live Law  

The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party. The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief …

Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court
2 years, 6 months ago

Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court

Live Law  

The High Court of Delhi has held that when the plaintiff makes an offer to the defendant to amicably settle the dispute and the defendant refuses the offer then in that circumstance, the requirement of pre-litigation meditation stands satisfied. The Bench of Justice Prathiba M. Singh while reiterating that pre-litigation mediation as provided under Section 12-A of the CCA is …

Pre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected : Supreme Court
2 years, 7 months ago

Pre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected : Supreme Court

Live Law  

In a judgment having far reaching impact in commercial litigations, the Supreme Court on Wednesday declared that Section 12A of the Commercial Courts Act, which mandates pre- institution mediation, is mandatory and suits which are filed violating this mandate are liable to be rejected at the threshold under Order VII Rule 11 of the Code of Civil Procedure.The Court has …

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted
3 years, 7 months ago

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted

Live Law  

The Bombay High Court on Tuesday asked the Union of India to file a short affidavit stating why interim relief shouldn't be granted in two petitions seeking a stay on the recently notified Information Technology Rules, 2021 A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was hearing a petition by AGIJ Ltd, which owns legal news website …

Interim Mandatory Injunctions Can Be Granted After Giving Opportunity Of Hearing To Opposite Side: SC [Read Order]
5 years, 4 months ago

Interim Mandatory Injunctions Can Be Granted After Giving Opportunity Of Hearing To Opposite Side: SC [Read Order]

Live Law  

The Supreme Court has observed that, the Civil Courts, while considering the application seeking interim mandatory injunction in long pending cases, should grant opportunity of hearing to the opposite side.In this case, the appellant's contention was that the High Court, without granting an opportunity of hearing, granted an interim. The Supreme Court has observed that, the Civil Courts, while considering …

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