Commercial Courts Act, 2015
Section 2(1)(c)(iii)—Commercial disputes—Definition of—Admiralty suits involving maritime law are covered within the definition of a “commercial dispute” under Section 2(1)(c)(iii) of the Commercial Courts Act.
[Para 38]
Section 12A—Pre-Institution Mediation and Settlement—Dispensation granted under Section 12A of the Commercial Courts Act to a plaintiff to institute the suit without exhausting the remedy of mediation, can subsequently be revoked by the court—Revocation of dispensation under Section 12A of the Commercial Courts Act is akin to revocation of leave under Clause 12 of the Letters Patent, 1865—Revocation of dispensation can be on an application made by the defendant or by the court on its own motion on the court being satisfied that the suit did not contemplate urgent interim relief at the time of institution—Plaint in the suit can be rejected under Order 7 Rule 11(d) of the CPC if the court finds that the suit was instituted in contravention of the mandate of Section 12A of the Commercial Courts Act i.e. that the plaintiff failed to exhaust the remedy of mediation despite having a case for urgent interim relief.
[Para 38]