Delhi High Court - Orders
Ms Harey Krishna Corporation vs Servotech Power Systems Ltd & Anr on 15 May, 2023
Author: Najmi Waziri
Bench: Najmi Waziri, Sudhir Kumar Jain
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 68/2023
MS HAREY KRISHNA CORPORATION ..... Appellant
Through: Mr. Varun Dewan and Mr. Pranav
Krishna, Advocates.
versus
SERVOTECH POWER SYSTEMS LTD & ANR. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 15.05.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).
CM APPL. 18919/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed-off. RFA(COMM) 68/2023
3. The appellant impugns the order dated 08.02.2023 passed by the learned District Judge (Commercial Court), Shahdara, Karkardooma Court, Delhi, which rejected his claim on the ground that he had not satisfied the requirement of Section 12A of Commercial Courts Act, 2015, whereunder Pre-Institution Mediation is mandatory. He submits that in Patil Automation Private Limited vs Rakheja Engineers Private Limited, (2022) 10 SCC 1, the Supreme Court has held that Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:16.05.2023 18:19:20 the section 12A would be considered mandatory w.e.f 20.08.2022. The suit was filed in the year 2019, therefore, the rejection of the plaint on the ground that it failed the mandatory requirement is erroneous. The appellant also refers to the decision of this court in CEPCO Industries Private Limited vs. Tewari Restaurant Private Limited, 2023 SCC OnLine Del 87.
4. Issue notice to the respondents through ordinary process, Speed Post, approved courier, WhatsApp, Signal, SMS, e-mail, through other viable modes of electronic service, through counsel as well, returnable on 28.08.2023.
NAJMI WAZIRI, J SUDHIR KUMAR JAIN, J MAY 15, 2023 SS Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:16.05.2023 18:19:20