RENEWFLEX RECYCLING Vs. FACILITATION CENTRE ROHINI COURTS

JUDGEMENT

(1.) Present writ petition has been filed under Article 226 of the Constitution of India, 1950 seeking, inter alia, the following prayers:-

(2.) It is the case of the petitioner that it is a proprietorship and has been supplying goods to respondent no.2 - DP Polymers, pursuant to a commercial arrangement. The petitioner claims to have supplied goods to respondent no.2 under two invoices, and the total outstanding amount of Rs.5,57,550.00, including GST, remained unpaid despite the delivery of goods and repeated reminders by the petitioner, constraining it to send a legal notice dtd. 21/12/2024 to the respondent no.2, demanding the outstanding dues. However, no response was received on such legal notice. It is stated that thereafter, in an attempt to resolve the matter amicably, the petitioner dispatched a mediation request dtd. 24/12/2024 to respondent no.2 through its advocate however, the respondent no.2 failed to respond to the said request.

(3.) Subsequently, the petitioner filed a commercial suit against the respondent no.2 in the Commercial Court. It is the case of the petitioner that notwithstanding the petitioner's sincere efforts to mediate in line with the legislative intent of Sec. 12A of the Commercial Courts Act, 2015 (hereafter the 'Act'), the respondent no.1/Registry rejected the plaint. The impugned remarks/decision dtd. 14/1/2025 noted that in the absence of a Non-Starter Report or Certificate of non-settlement from the mediation authority, the procedural requirements under Sec. 12A of the Act were not satisfied.