Delhi High Court - Orders
Vikas Verma vs Municipal Corporation Of Delhi & Anr on 17 November, 2022
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 793/2022
I.A. 18771/2022
I.A. 18772/2022
I.A. 18773/2022
VIKAS VERMA ..... Plaintiff
Through: Mr. Arunav Tewari, Mr. Nitin
Garg and Mr. Anil Kumar
Dwivedi, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI
& ANR. ..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 17.11.2022 [Physical Hearing/ Hybrid Hearing]
1. Present is commercial suit for recovery filed on behalf of plaintiff. Along with the present plaint, there is an application being I.A. No. 18772/2022 seeking exemption from pre-instituting mediation in terms of Section 12A of the Commercial Courts Act, 2015.
2. At the outset, it is noted that in terms of judgment passed by the Hon'ble Supreme Court in the case of Patil Automation Private Limited and Others versus Rakheja Engineers Private Limited, 2022 SCC Online SC 1028 , the provisions of Section 12A of the Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:24.11.2022 12:15:46 Commercial Courts Act, 2015 have been held to be mandatory. Thus, a plaint filed without complying provisions of Section 12A of the Commercial Courts Act, 2015 cannot be maintainable.
3. At this stage, learned counsel for the plaintiff submits that he would comply with the provisions of Section 12A of the Commercial Courts Act, 2015 and he may be allowed to withdraw the present plaint with liberty to file fresh plaint after complying with the provisions of Section 12A of the Commercial Courts Act, 2015,
4. In view of the aforesaid, the present plaint is allowed to be withdrawn. The same is dismissed as withdrawn with liberty as prayed for. The Court Fee of Rs.2,05,000/- that has been deposited by plaintiff is directed to be returned forthwith.
5. All other pending applications are also disposed of.
MINI PUSHKARNA, J NOVEMBER 17, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:24.11.2022 12:15:46