CENTRAL RESTAURANT AND CAFE Vs. BHAVIN TOLIA

JUDGEMENT

(1.) The petitioners are before this Court calling in question an order dtd. 25/1/2025, passed by the Court of LXXXIII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru, whereby, the application - I.A.No.5, filed by the plaintiff under Order VIII Rule 6C of the CPC seeking rejection of the counter claim registered by the petitioners - defendants, on the score that the defendants have not complied with the requirement of pre-institution mediation under Sec. 12A of the Commercial Courts Act (for short 'the Act'), is allowed.

(2.) Heard Sri Sunil Kumar H., learned counsel for the petitioners and Sri Skandha Kumar H., learned counsel along with Sri M.D.Raghunath, learned counsel for the respondent.

(3.) The respondent is the plaintiff, the petitioners, the defendants. The plaintiff institutes a commercial suit in Com.O.S.No.1127/2024 seeking arrears of rent from the hands of the defendants and also an injunction. Before the commercial suit could be registered, it transpires that the parties were directed to complete the process with regard to pre-institution mediation as obtaining under Sec. 12A of the Act. On the failure of the pre-institution mediation, respondent is before the concerned Court by registering the Com.O.S.No.1127/2024. The petitioners - defendants then registers a counter claim. The concerned Court was of the opinion that another 3 months should be spent in the pre- institution mediation qua the counter claim and therefore, answers the application - I.A.No.V filed by the plaintiff under Order VIII Rule 6C of the CPC, seeking the counter claim to be kept in abeyance or be rejected as the case would be, until the pre-institution mediation as obtaining under Sec. 12A of the Act would be completed and allows the application in favour of the plaintiff, by rejecting the counter claim. The allowing of the application, by rejecting the counter claim of the defendants is only on the score that the pre-institution mediation has not taken place qua the counter claim, is what has driven the defendants to this Court in the subject petition.