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1 - 10 of 11 (0.23 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
The Legal Services Authorities Act, 1987
Upgrad Education Private Limited vs Intellipaat Software Solutions ... on 4 April, 2022
13. To buttress his contentions, he places reliance of the decision of the
Hon'ble Supreme Court in M/s Patil Automation Private Limited & Ors. v.
Rakheja Engineers Private Limited, Civil Appeal arising out of SLP (C)
No. 14697 of 2021 and decision of this Court in Upgrad Education Private
Limited v Intellipaat Software Solutions Private Limited, CS (COMM 132
of 2022).
Exemption) Yamini Manohar vs T K D Keerthi on 21 April, 2023
17. Therefore, in light of the principles laid down by the Hon'ble
Supreme Court in Yamini Manohar (supra), the plaintiff has successfully
established that the suit contemplates urgent interim relief, thereby
warranting dispensation from the statutory mandate of Section 12A of the
Commercial Courts Act, 2015.
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 the CC Act is
mandatory, as held by this Court in Patil Automation [Patil
Automation (P) Ltd. v. Rakheja Engineers (P) Ltd., (2022) 10
SCC1:(2023) 1 SCC (Civ) 545]