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1 - 10 of 12 (0.58 seconds)The Code of Civil Procedure, 1908
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
M/S Patil Automation Private Limited vs Rakheja Engineers Private Limited on 17 August, 2022
In Patil Automation Private Limited and Ors. v. Rakheja
Engineers Private Limited (supra), the Supreme Court has
authoritatively held that the provisions of Section 12A of the
Commercial Courts Act, 2015 are mandatory and failure to
comply with the same would entail rejection of the plaint.
However, in the present case, the question whether the
provisions under Section 12A of the Commercial Courts Act,
2015 are mandatory or not is not in issue; the point for
consideration is whether the provisions of Section 12A of the
Commercial Courts Act, 2015 are applicable to the suit
instituted by the appellant.
Section 80 in The Code of Civil Procedure, 1908 [Entire Act]
Section 69 in The Indian Partnership Act, 1932 [Entire Act]
Section 30 in The Arbitration Act, 1940 [Entire Act]
Section 3 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
Chandra Kishore Chaurasia vs R A Perfumery Works Private Limited on 27 October, 2022
In the case of Chandra Kishore Chaurasia (Supra), one of
the questions before the Hon'ble High Court was that as to
whether filing of an application for grant of an exemption or
waiver by a plaintiff from complying with the provisions of
above Section was necessary in case where he was seeking any
urgent relief and whether the order passed by a Commercial
Court rejecting or dismissing the plaint of a case due to non-
compliance of said Section in such a case was legally correct or
not.