VIJAY Vs. HAVELLS INDIA LIMITED

JUDGEMENT

(1.) Through the present Appeal, the Appellant assails the correctness of the Order dtd. 25/1/2025 (hereinafter referred to as the ,,Impugned Order), whereby the learned District Judge allowed the Respondents application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ,,CPC) and consequently rejected the Counter-claim instituted by the Appellant.

(2.) The present Appeal turns upon a pure question of law requiring determination by this Court. The controversy pertains to the scope and applicability of Sec. 12A of the Commercial Courts Act, 2015 (hereinafter referred to as the CC Act), in the context of Counter- claims instituted in pending commercial suits. The issue assumes significance in light of the differing approaches sadopted in various decisions of this Court, inter alia:

(3.) The question which falls for consideration before this Court is the following:Whether a Defendant instituting a Counter-claim in a pending commercial suit is mandatorily required to independently comply with the pre-institution mediation condition under Sec. 12A of the CC Act and, if not, in what circumstances such requirement may be regarded as having been satisfied?