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1 - 10 of 16 (0.27 seconds)The Code of Civil Procedure, 1908
Section 34 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
The Companies Act, 2013
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
THE COMMERCIAL COURTS ACT, 2015
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.
The Limited Liability Partnership Act, 2008
Section 41 in The Specific Relief Act, 1963 [Entire Act]
M/S Patil Automation Private Limited vs Rakheja Engineers Private Limited on 17 August, 2022
11. Having stated so, it is difficult to agree with the
proposition that the plaintiff has the absolute choice and right
to paralyse Section 12-A of the CC Act by making a prayer
for urgent interim relief. Camouflage and guise to bypass the
statutory mandate of pre-litigation mediation should be
checked when deception and falsity is apparent or
established. The proposition that the Commercial Courts do
have a role, albeit a limited one, should be accepted,
otherwise it would be up to the plaintiff alone to decide
whether to resort to the procedure under Section 12-A of the
CC Act. An "absolute and unfettered right" approach is not
justified if the pre-institution mediation under Section 12-A of
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the CC Act is mandatory, as held by this Court in Patil
Automation [Patil Automation (P) Ltd. v. Rakheja Engineers
(P) Ltd., (2022) 10 SCC 1 : (2023) 1 SCC (Civ) 545] .