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1 - 10 of 11 (0.32 seconds)THE COMMERCIAL COURTS ACT, 2015
Signature Not Verified Digitally ... vs In Item Nos. 89, 100 & 101. Mr. Uday Bedi, ... on 16 March, 2023
40. The Hon'ble Delhi HC in the case Cosmol Energy Private Limited
Vs Anil Kumar Pitti (CS(Comm) 414/2024) decided on 10.02.2025 has held
that the counter claim and the civil suit can not be held to be on equal footing
CS (Comm) No. 649/2022 Punjab National Bank Vs. Ms. Charu Goel
CS (COMM) 10/24 Ms. Charu Goel Vs. Punjab National Bank & Anr. Page No.24 of 39
and therefore, the civil suits have to comply with mandatory requirement of
PIMS as provided in Section 12A of the Commercial Courts Act. The facts of
the said case were such that the civil suit was filed by the plaintiff against the
defendant for recovery of Rs. 3,80,69,259/- along with interest. The plaintiff had
also filed an application under section 12A of the Act to exempt him from
complying with the provision of PIMS. Before the institution of the present suit,
the defendant had also filed an application to refer to matter between the parties
to mediation. Thus, the plaintiff has argued that there is no mandatory
requirement to comply with PIMS, as the matter was already referred to
mediation and a fresh PIMS was not mandated.
Section 14 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
Adity A Birla Fashion And Retail Limited vs Mrs Saroj Tandon on 27 March, 2023
The Ld. Counsel for the defendant had also relied
upon the case of Aditya Birla Fashion and Retail Ltd. v. Saroj Tandon 2024
SCC Online Del 6099. The defendant argued that merely because the parties
had undergone mediation that does not absolve the plaintiff to comply with the
requirement of section 12A of the Act.
Sanjana Agarwal vs Namoshivai Apparels Private Ltd on 22 September, 2023
13. It is seen that the observations made in Sanjana Aggarwal
pertain to a counter-claim only, and nowhere does the said
decision indicate that the counter-claim is on equal footing to
a fresh civil suit and therefore, the fresh civil suit need not
comply with the rigors of Section 12A.
The Banking Companies (Acquisition And Transfer Of Undertakings) Act, 1970
Mumbai International Airport Pvt. Ltd vs Regency Convention Centra & Hotels & Ors on 6 July, 2010
In
this regard, it is relevant to refer to case of Mumbai International Airport Pvt.
Ltd. Vs. Regency Convention Centre & Hotels AIR 2010 SUPREME COURT
3109 wherein, it was held that "A 'necessary party' is a person who ought to
CS (Comm) No. 649/2022 Punjab National Bank Vs. Ms. Charu Goel
CS (COMM) 10/24 Ms. Charu Goel Vs. Punjab National Bank & Anr. Page No.33 of 39
have been joined as a party and in whose absence no effective decree could be
passed at all by the Court".