Bank Of Baroda vs M/S Suhail Garments Through Its ... on 23 March, 2021

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Delhi High Court - Orders

Bank Of Baroda vs M/S Suhail Garments Through Its ... on 23 March, 2021

Bench: Navin Chawla

                 $~3
                 *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                 +       CM(M) 131/2021
                         BANK OF BARODA                          ..... Petitioner
                                        Through: Mr.Deepak Sahni & Mr.Umesh Joshi,
                                                 Advs.

                                          versus

                         M/S SUHAIL GARMENTS THROUGH ITS PROPRIETOR MD.
                         SALEEM                                 ..... Respondent
                                      Through: Mr.Akshay Makhija, Sr. Adv. with
                                               Ms.Seerat Deep Singh, Adv.

                         CORAM:
                         HON'BLE MR. JUSTICE NAVIN CHAWLA
                                      ORDER

% 23.03.2021 This petition challenges the order dated 02.12.2020 passed by the learned District Judge, Commercial Court-01, Shahdara in suit filed by the petitioner, being CS (Comm) No.259/2020, dismissing the suit as not maintainable on the ground of being barred by law due to non-compliance of Section 12A of the Commercial Courts Act, 2015.

The suit was instituted by the petitioner on 19.07.2018. On 03.05.2018, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018 was promulgated. The Act received the assent of the Hon'ble President on 20.08.2018. The pre-litigation mediation mechanism under the Act was made effective only from 27.11.2018. The new Court to adjudicate on the commercial disputes was constituted vide Order dated 06.12.2019 in the Shahdara District.

Signature Not Verified SHALOO BATRA

Keeping in view the above, the Impugned Order is set aside and the suit is restored to its original number. The suit shall, however, be kept in abeyance for the petitioner to explore pre-institution mediation in terms of Section 12A of the Commercial Courts Act, 2015, for which purpose the petitioner shall approach the concerned Mediation Centre within one week from today. On failure of the mediation process, the suit shall stand revived and shall be adjudicated upon in accordance with law.

The petition is disposed of with the above directions. There shall be no order as to costs.

This Court expresses its gratitude for the assistance of the learned Amicus Curiae appointed by this Court.

NAVIN CHAWLA, J MARCH 23, 2021/rv A. Signature Not Verified SHALOO BATRA

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Delhi High Court - Orders