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M/S. Odisha Slurry Pipeline ... vs Idbi Bank Ltd. & Ors on 9 December, 2022 cites

Laxmi Polyfab Pvt. Ltd vs Eden Realty Ventures Pvt. Ltd. & Anr on 7 April, 2021

It takes us to a Single Bench decision rendered in case of Laxmi Polyfab Pvt. Ltd. Vs. Eden Realty Ventures Pvt. Ltd. & Anr. reported in AIR 2021 CAL 190. The said case relates to the suits pending before the Commercial Division and the Ordinary Original Civil Jurisdiction of the High Court and the proceedings under Arbitration and Conciliation Act, 1996 in the aforesaid jurisdiction in relation to the provision contained under Section 12A and Section 15 of the Commercial Courts Act, 2015. The first issue framed in the said judgement as evident therefrom, relates to whether Section 12A of the Commercial Courts Act is mandatory or directory. The said judgment was decided on April 7, 2021 and it was held that Section 12A of the Act is mandatory as it achieved the twin object of expeditious disposal and avoidance of a docket explosive. It was further held that the failure of the 12 plaintiff to exhaust the remedy under Section 12A of the Act may result in dismissal of the suit provided the plaintiff does not seek an urgent interim relief in the following:
Calcutta High Court Cites 74 - Cited by 11 - Full Document

Chandra Kishore Chaurasia vs R A Perfumery Works Private Limited on 27 October, 2022

The Division Bench of the Delhi High Court in Chandra Kishore Chaurasia (Supra) held that the moment the plaintiff seeks urgent interim reliefs, it satisfies the conditions laid down in Section 12A of the Act and therefore, the pre-institution mediation cannot be directed to be exhausted as the same is not dependent upon whether the interim relief is granted or not in these words:
Delhi High Court Cites 19 - Cited by 15 - V Bakhru - Full Document
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