Civil Procedure Code, 1908
Order 7 Rule 11—Rejection of plaint—Dismissal of application by the High Court—Appeal—When a plaint is filed under Commercial Courts Act, with a prayer for an urgent interim relief, the commercial court should examine the nature and the subject matter of the suit, the cause of action, and the prayer for interim relief—Prayer for urgent interim relief should not be disguise or mask to wriggle out of and get over Section 12A of the CC Act—Facts and circumstances have to be considered holistically from the point of plaintiff—Non-grant of interim relief at the ad-interim stage, when the plaint is taken up for registration/admission and examination, will not justify dismissal of the commercial suit under Order 7 Rule 11 of CPC; at times, interim relief is granted after issuance of notice—Nor can the suit is dismissed under Order 7 Rule 11 of the Code, because the interim relief, post the arguments, is denied on merits and on examination of three principles (i) prima facie case, (ii) irreparable harm and injury, and (iii) balance of convenience—Fact that the court issued notice and/or granted interim stay may indicate that the court is inclined to entertain the plaint.
[Para 7]
Commercial Courts Act, 2015
Section 12A—Pre-litigation mediation—Pre-litigation mediation is necessary, unless the suit contemplates urgent interim relief—Plaintiff has no absolute choice and right to paralyze Section 12A of the Commercial Courts Act by making a prayer for urgent interim relief—Camouflage and guise to bypass the statutory mandate of pre-litigation mandate should be checked when deception and falsity is apparent or established—An ‘absolute and unfettered right’ approach is not justified if the pre-institution mediation under Section 12A of the Act is mandatory.
[Para 8]