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Cpc) Mr Anil Pitti vs Apeejay Overseas Ltd And Ors on 21 July, 2022

Author: Amit Bansal

Bench: Amit Bansal

$~19
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(COMM) 489/2022 and I.A. 11208/2022 (O-XXXIX R-1 & 2 of
      CPC)

      MR ANIL PITTI                                      ..... Plaintiff
                          Through:      Mr. Kushagra Bansal, Advocate.

                          versus

      APEEJAY OVERSEAS LTD AND ORS                           ..... Defendants
                   Through: None.

      CORAM:
      HON'BLE MR. JUSTICE AMIT BANSAL
                   ORDER

% 21.07.2022 I.A. 11209/2022 (for exemption)

1. Subject to the plaintiff filing original/certified/fair typed copies of the documents with proper margins, on which plaintiff may seek to place reliance, within four weeks from today, exemption is granted for the present.

2. The application is disposed of.

CS(COMM) 489/2022

3. The present commercial suit has been filed seeking specific performance of an Agreement dated 04th August, 2021, for supply of 2500 MT of Coal type "USA High GCV Coal Grade A". Section 12A of the Commercial Courts Act, 2015 is a mandatory provision for mediation in respect of all commercial suits. In my view, this is not a fit case where the mandate under 12A of the Commercial Courts Act, 2015, of pre-institution mediation between the parties should be dispensed with. Therefore, it would Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 489/2022 Page Signing1Date:25.07.2022 of 2 18:30:26 be appropriate, if the parties are relegated to mediation as envisaged under Section 12A of the Commercial Courts Act, 2015, before proceeding further with the case.

4. Accordingly, the following directions are passed in this regard:

i. The plaintiff is directed to take steps in terms of Section 12A of the Commercial Courts Act, 2015, for initiation of pre- institution mediation.

ii. The matter is referred to Delhi High Court Mediation and Conciliation Centre (Mediation Centre). iii. The plaintiff is instructed to appear before the Mediation Centre on 27th July, 2022 at 04.00PM.

iv. All rights and contentions of the parties shall remain open in the event of the mediation not being successful and the suit being revived.

5. Accordingly, the issuance of summons is deferred till the next date of hearing. Proceedings in the present suit as well as the interim application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) shall be kept in abeyance till the next date of hearing, in order for the parties to avail the remedy of pre-institution mediation in accordance with Section 12A of the Commercial Courts Act, 2015.

6. List before the Court on 16th September, 2022, to await the outcome of the mediation proceedings.

AMIT BANSAL, J JULY 21, 2022 sr.

CS(COMM) 489/2022                                         Page
                                                           Signing2Date:25.07.2022
                                                                    of 2           18:30:26