Dismissed
Kishore Kumar v. Awesome Builders (p) Limited
Madras HCA/4392/2024
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from the order text
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in C.S.No.610 of 2019 IN THE HIGH COURT OF…
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A.No.4392 of 2024 in C.S.No.610 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
A.No.4392 of 2024 in C.S.No.610 of 2019
Kishore Kumar ... Applicant/Defendant
vs.
M/s.Awesome Builders (P) Limited Rep.by its Director Mr.Hithesh Kaanodia, Having its Registered Office at No.6, AE Block, 7th Street, 10th Main Road, Anna Nagar, Chennai 600 040.
.. Respondent/Plaintiff
For Applicant/Defendant :Mr.T.Srikanth
For Respondent/Plaintiff :Ms.M.Meena Rukmani for Mr.L.Palanimuthu
O R D E R
By this application, the defendant seeks rejection of the plaint
under Order VII Rule 11(d) of the Code of Civil Procedure, 1908.
2.The application is filed on the ground that the plaintiff did not
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A.No.4392 of 2024 in C.S.No.610 of 2019
comply with the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. While holding that Section 12A is mandatory in Patil Automation Private Limited v. Rakheja Engineers Private Limited (Patil Automation) , (2022) 10 SCC 1, the Hon'ble Supreme Court also held that the declaration would be effective in respect of suits instituted on or after 20.08.2022. This suit was instituted in the year 2019. The only exception was in respect of Courts which had conclusively held that Section 12A is mandatory even before the order was pronounced in Patil Automation . Since this Court had not conclusively concluded in such manner, the plaint is not liable to be rejected as per law laid down in Patil Automation . This conclusion also finds support in the judgment of the Division Bench of this Court in M/s.Dimensions, a Partnership Firm, represented by its Partner, Dr.A.Sudhahar v. M/s.Hethaiamman Charitable Trust and another, Appeal (CAD)No.26 of 2023, judgment dated 03.10.2024 . Therefore, this application is dismissed without any order as to costs.
kj
17.02.2025 (1/3)
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A.No.4392 of 2024 in
C.S.No.610 of 2019
SENTHILKUMAR RAMAMOORTHY,J.
Kj
A.No.4392 of 2024 in C.S.No.610 of 2019
17.02.2025
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A.No.4392 of 2024 in C.S.No.610 of 2019
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1 issue framed by the court
Whether the plaint is liable to be rejected for non-compliance with mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 in a suit instituted in 2019.
Colour shows how this judgement treated each authority
Patil Automation Private Limited v. Rakheja Engineers Private LimitedApplied¶2
(2022) 10 SCC 1 · Who else cites this
M/s.Dimensions v. M/s.Hethaiamman Charitable Trust and anotherRelied on¶2
Appeal (CAD)No.26 of 2023
2 provisions across 2 enactments
Kishore Kumar
M/s.Awesome Builders (P) Limited
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Senthilkumar Ramamoorthy
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