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 relief may arise even during the pendency of the commercial suit. In perusing Section 12A, the Court noted that in the absence of urgent interim relief, a suit cannot be instituted without pre-institution mediation and that the question for urgent relief is to be decided at the time of institution of the suit and not at a later stage. It was further held that the onus for proving that there was a case requiring urgent relief lay with the plaintiff and that under Section 12A, even the Court had the power to decide whether the suit contemplated an urgent interim relief whereby the plaintiff -needed to be permitted to bypass pre-institution mediation.

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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, 2 weeks 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
2 months 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 …

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court
1 year, 5 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 …

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 …

Calcutta High Court Refuses To Recall Order Dismissing Commercial Suit Over Non-Appearance, Says Advocate Duty Bound To Make Alternative Arrangement
2 years ago

Calcutta High Court Refuses To Recall Order Dismissing Commercial Suit Over Non-Appearance, Says Advocate Duty Bound To Make Alternative Arrangement

Live Law  

The Calcutta High Court on Monday refused to recall its order of dismissal of a commercial suit and interlocutory application on the ground that plaintiff had not been diligent in proceeding as it did not appear before the court for three months after filing of the suit. In my view, the purpose and object of the Commercial Courts Act, 2015 …

Written Statement In Commercial Suit Can't Be Deferred Beyond Prescribed Time Merely Because Demurrer Application For Dismissal Is Pending: Calcutta HC
2 years, 4 months ago

Written Statement In Commercial Suit Can't Be Deferred Beyond Prescribed Time Merely Because Demurrer Application For Dismissal Is Pending: Calcutta HC

Live Law  

The Calcutta High Court on Friday held that filing of written statement in commercial suits cannot be permitted beyond the prescribed time limit merely because a demurrer application for rejection of plaint moved by the defendant is pending. While hearing one such application seeking extension of time to file written statement in a commercial suit, the High Court reiterated that …

Court Can't Grant Interim Relief Under Section 9 Of A&C Act, If The Contract Is Determinable: Bombay High Court
2 years, 11 months ago

Court Can't Grant Interim Relief Under Section 9 Of A&C Act, If The Contract Is Determinable: Bombay High Court

Live Law  

The Bombay High Court has held that an application for interim relief in the form of specific performance of the contract would not be maintainable when the nature of the contract is determinable. It held that Section 14 and Section 41 of the Specific Relief Act would be attracted when the interim relief for specific performance is prayed for in …

What Constitutes A 'Commercial Dispute' Under Commercial Courts Act, 2015? Calcutta High Court Explains
3 years, 7 months ago

What Constitutes A 'Commercial Dispute' Under Commercial Courts Act, 2015? Calcutta High Court Explains

Live Law  

The Calcutta High Court recently had the opportunity to extensively define what constitutes a "commercial dispute" as contemplated under Section 2 of the Commercial Courts Act, 2015. Opining on the importance of undertaking such an analysis on what constitutes a 'commercial dispute', Justice Moushumi Bhattacharya observed, "Discussion as to what would constitute a "commercial dispute" under the options contemplated in …

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 …

Whether Rejection Of Application For Amendment of Counter-Statement Constitutes An 'Interim Award': Calcutta High Court Explains
3 years, 9 months ago

Whether Rejection Of Application For Amendment of Counter-Statement Constitutes An 'Interim Award': Calcutta High Court Explains

Live Law  

The Calcutta High Court on Friday while hearing an appeal to an impugned order expounded in detail on whether an interim relief granted by an Arbitrator would constitute an 'interim award' thereby allowing it to be set aside under Article 34 of the Arbitration and Conciliation Act, 1996. After examining the rival contentions, Justice Moushumi Bhattacharya proceeded to make observations …

Bombay High Court Denies Interim Relief To Anil Deshmukh On His Plea Against CBI FIR
3 years, 10 months ago

Bombay High Court Denies Interim Relief To Anil Deshmukh On His Plea Against CBI FIR

Live Law  

The Bombay High Court has granted liberty to the State of Maharashtra and former State Home Minister Anil Deshmukh to approach the vacation bench in case they want to seek urgent interim reliefs in the FIR lodged by the Central Bureau of Investigation pertaining to former Mumbai Police Commissioner Param Bir Singh's corruption allegations. While Deshmukh's petition was adjourned as …

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]
5 years, 11 months ago

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]

Live Law  

The Bombay High Court has held that a court, under the Arbitration and Conciliation Act, 1996, can entertain and grant any interim or ad-interim relief in an application under Section 9 of the said Act when a document containing arbitration clause is unstamped or insufficiently stamped. The full bench of the High Court also held that, in view of Section …

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