Search Results for "Pre-institution mediation"

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Search Results for "Pre-institution mediation"

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High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Summary Suit Under Order VII Rule 11 CPC. Exemption from Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015 Upheld as Suit Contemplated Urgent Interim Relief Based on Plaintiff's Apprehension of Asset Disposal to Defeat Claim.

4 Mar 2026

The dispute arose from a commercial summary suit filed by  Respondents, a non-banking financial company, against Applicants for recovery of appro...

High Court

Bombay High Court Rejects Plaint for Non-Compliance with Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Urgent Interim Relief and Without Mandatory Mediation is Barred.

17 Nov 2025

The defendant, Dipti Co-operative Housing Society Ltd, filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking reje...

High Court

Madras High Court Dismisses Revision Against Rejection of Plaint Dismissal Application in Commercial Suit — Pre-Institution Mediation Under Section 12-A of Commercial Courts Act Not Mandatory for Suits Filed Before 20.08.2022. The court held that the cut-off date fixed by the Supreme Court in Patil Automation applies, and the plaint filed on 11.01.2021 cannot be rejected for non-compliance with Section 12-A.

2 Feb 2026

The civil revision petition was filed by M/s. P.A.Sea Impex, the defendant in a commercial suit, challenging the order of the Commercial Court, Egmore...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Grant of Unconditional Leave to Defend in Commercial Summary Suit — Trial Court's Discretion Upheld as Respondent Raised Triable Issues Including Subsequent Settlement Agreement and Validity of Electronic Evidence.

2 Sep 2024

The Petitioner, M/s. Mobile Arts S.A.L., a company incorporated in Lebanon providing digital advertising services, filed a Commercial Summary Suit (No...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

High Court

Bombay High Court Rejects Plaint in Copyright Infringement Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. Plaintiff's 11-Month Delay and Lack of Genuine Urgency Leads to Relegation to Mediation.

6 Sep 2024

The plaintiff, Ultra Media and Entertainment Pvt. Ltd., filed a commercial suit alleging copyright infringement of the character 'Shaktimaan' by the d...

Supreme Court

Supreme Court Allows Appeal in Commercial IP Infringement Suit — Pre-Institution Mediation Not Mandatory When Urgent Interim Relief Sought. Expression 'contemplates any urgent interim relief' in Section 12A of Commercial Courts Act, 2015 includes cases where the plaint itself seeks urgent interim relief, regardless of whether an application is separately filed.

1 Jan 2025

The appeal arises from a judgment of the Division Bench of the High Court of Himachal Pradesh, which affirmed an order of a Single Judge rejecting the...

High Court

Bombay High Court Allows Appeal Against Order Returning Plaint Without Reasons in Commercial Suit for Specific Performance. District Court's Order Under Order 7 Rule 10 CPC Set Aside for Lack of Reasoning and Non-Compliance with Commercial Court Act.

12 Dec 2023

The appellant, Shreem Electric Limited, filed a Commercial Suit No. 4 of 2017 before the District Court, Kolhapur, seeking specific performance of pur...

High Court

Bombay High Court Dismisses Commercial Suit for Specific Performance Due to Non-Disclosure of Cause of Action and Lack of Readiness and Willingness. Plaintiff failed to prove readiness and willingness to perform her part of the agreement and did not disclose a valid cause of action for specific performance of an agreement to sell.

1 Sep 2023

The plaintiff, Miloni Shah, filed a Commercial Suit seeking specific performance of an agreement to sell dated 15th March 2019, allegedly entered into...

High Court

Madras High Court Sets Aside Order Returning Plaint in Commercial Suit Due to Non-Compliance with Pre-Institution Mediation Under Section 12A of the Commercial Courts Act, 2015. The Court Held that the Suit, which Sought Interim Injunction and Mandatory Injunction to Remove Equipment and Restrain Invoices, Contemplated Urgent Interim Relief and Was Exempt from the Mandatory Pre-Institution Mediation Requirement.

27 Feb 2026

The petitioner, a private limited company, filed a commercial suit before the Principal Commercial Court, Egmore, Chennai, seeking declarations that c...

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