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1 - 10 of 12 (0.22 seconds)The Code of Civil Procedure, 1908
Section 13 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
Section 80 in The Code of Civil Procedure, 1908 [Entire Act]
Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 15 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
The Arbitration And Conciliation Act, 1996
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
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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:
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: