Smt. a. v. Lavanya Lakshmi v M/S. Oasis Voyages Private Limited
Constitutional Law / Commercial Courts – Pre-institution mediation – S.12A, Commercial Courts Act, 2015
Case brief
What is this about?
Single-judge writ petition (GM-CPC) decided on 17.07.2025 by Justice Vijaykumar A. Patil, High Court of Karnataka. Petitioner Smt. A.V. Lavanya Lakshmi challenged return of her plaint in Com.O.S.No.282/2020 (money-recovery suit against M/s Oasis Voyages Private Limited and its directors) by the Commercial Court for non-exhaustion of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, despite a pending Order XXXVIII Rule 5 CPC application for interim attachment of immovable properties. Court held urgent interim relief exempts the suit from pre-institution mediation, allowed the petition, set aside the order dated 17.10.2020, and directed acceptance/restoration of the plaint. Keywords: Section 12A Commercial Courts Act; pre-institution mediation; Order XXXVIII Rule 5 CPC; return of plaint; commercial suit; urgent interim relief.
What did the court decide?
Writ petition allowed; impugned order dated 17.10.2020 in Com.O.S.No.282/2020 set aside; Commercial Court directed to accept the plaint, restore the suit and consider the pending application in accordance with law; no order as to costs.