Axis Finance Limited v. Balaram Properties Private Limited and Others
Commercial Courts Act, 2015 – Section 12A – Pre-institution mediation
Case brief
What is this about?
In CS-COM/3/2026 (Axis Finance Limited v. Balaram Properties Private Limited and Others), the Calcutta High Court, Commercial Division (Aniruddha Roy, J., January 19, 2026) refused to dispense with pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, finding no imminent or urgent interim relief was contemplated on the plaint averments; the plaint was returned, court fees were ordered refunded with leave to reuse them, and the suit was dismissed at the threshold, not on merits, with liberty to file afresh on the same cause of action if mediation fails.
What did the court decide?
Plaint returned to the plaintiff; court fees paid ordered to be returned with leave to utilize the same in a subsequent suit; suit dismissed at the threshold, not on merits, with leave to file afresh on the self-same cause of action if the pre-litigation mediation fails.