Delhi High Court - Orders
M/S Rugby Renergy Pvt. Ltd vs Jammu & Kashmir Bank Ltd. & Ors on 30 July, 2025
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~O-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 89/2021, I.A. 7989/2021, I.A. 10206/2024, I.A.
32494/2024, I.A. 32495/2024 & O.A. 111/2024
M/S RUGBY RENERGY PVT. LTD. .....Plaintiff
Through: Mr. Simran Mehta and Mr. Shivankar
Rao, Advs.
versus
JAMMU & KASHMIR BANK LTD. & ORS.
.....Defendants
Through: Mr. Amitabh Chaturvedi and Mr. B.
L. M. Samjit, Advs. for D-8
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 30.07.2025
1. Certain objections regarding maintainability of the suit were raised, however, Mr. Simran Mehta and Mr. Amitabh Chaturvedi are ad idem that in terms of the decision of the Supreme Court in the case of M/s Dhanbad Fuels Private Limited v. Union of India & Anr.1 in paragraph No.62(j), the matter will have to be sent for time bound mediation in accordance with Section 12A of the Commercial Courts Act, 2015 ['Act'] while keeping the suit proceedings in abeyance. Paragraph No.62(j) of the decision in the case of M/s Dhanbad Fuels Private Limited reads as under:
"j. In suits instituted without complying with Section 12A of the 2015 Act prior to 20.08.2022 which are pending adjudication before the trial court, the court shall keep the suit in abeyance and refer the parties to time-1
2025 INSC 696 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/08/2025 at 23:26:43 bound mediation in accordance with Section 12A of the 2015 Act if an objection is raised by the defendant by filing an application under Order VII Rule 11, or in cases where any of the parties expresses an intent to resolve the dispute by mediation."
2. In view of the aforesaid, the Court directs that these proceedings be kept in abeyance and that the parties attempt mediation in terms of section 12A of the Act.
3. Let the parties to attend mediation proceedings before the Delhi State Legal Services Authority.
4. Let the proceedings be taken to their logical end within three months.
5. List this matter on 04.12.2025.
PURUSHAINDRA KUMAR KAURAV, J JULY 30, 2025/P/ASK This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/08/2025 at 23:26:43