Defendant sought rejection of the plaint for non-compliance with pre-institution mediation under Section 12A of the Commercial Courts Act. Relying on Patil Automation, which applied prospectively to suits from 20.08.2022, the court held the 2019 suit was exempt and dismissed the application.
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A.No.4393 of 2024 in C.S.No.581 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
A.No.4393 of 2024 in C.S.No.581 of 2019
V.Ashok 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
comply with the mandatory requirement of pre-institution mediation https://www.mhc.tn.gov.in/judis 1/3
A.No.4393 of 2024 in C.S.No.581 of 2019
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.
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A.No.4393 of 2024 in
C.S.No.581 of 2019
SENTHILKUMAR RAMAMOORTHY,J.
Kj
A.No.4393 of 2024 in C.S.No.581 of 2019
17.02.2025
(2/3)
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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 LimitedRelied on¶2
(2022) 10 SCC 1 · Who else cites this
M/s.Dimensions, a Partnership Firm, represented by its Partner, Dr.A.Sudhahar v. M/s.Hethaiamman Charitable Trust and anotherRelied on¶2
Appeal (CAD)No.26 of 2023, judgment dated 03.10.2024
2 provisions across 2 enactments
V.Ashok Kumar
M/s.Awesome Builders (P) Limited, Rep.by its Director Mr.Hithesh Kaanodia
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
