Yamini Manohar vs T K D Keerthi on 13 October, 2023
(2024) 3 SCC (Civ) 436] are reproduced hereinbelow: ( Yamini
Manohar case [Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC
815 : (2024) 3 SCC (Civ) 436] , SCC p. 820, paras 10-12)
"10. We are of the opinion that when a plaint is filed under
the CC Act, with a prayer for an urgent interim relief, the
Commercial Court should examine the nature and the
subject-matter of the suit, the cause of action, and the prayer
for interim relief. The prayer for urgent interim relief should
not be a disguise or mask to wriggle out of and get over
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Section 12-A of the CC Act. The facts and circumstances of
the case have to be considered holistically from the
standpoint of the plaintiff. Non-grant of interim relief at the ad
interim stage, when the plaint is taken up for
registration/admission and examination, will not justify
dismissal of the commercial suit under Order 7 Rule 11 of the
Code; at times, interim relief is granted after issuance of
notice. Nor can the suit be dismissed under Order 7 Rule 11
of the Code, because the interim relief, post the arguments,
is denied on merits and on examination of the three
principles, namely: (i) prima facie case, (ii) irreparable harm
and injury, and (iii) balance of convenience. The fact that the
court issued notice and/or granted interim stay may indicate
that the court is inclined to entertain the plaint.