DIVYA A. NICHANI Vs. DIPTI D. PALICHA

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set-aside the order dtd. 5/2/2024 passed by the learned District Judge, Chennai made in C.O.S.S.R.No.6 of 2024 made and thereby direct the registration of the case.

(2.) The petitioner/plaintiff has presented the plaint for the relief of recovery of amount due under the promissory note executed by the defendants and the same was returned for representation for noncompliance of Sec. 12-A of the Commercial Court Act 2015 on the ground that the trial court is not satisfied with the urgent interim relief sought by the petitioner/plaintiff to get over Sec. 12-A of the C.C. Act.

(3.) The learned counsel for the petitioner submitted that the prayer for an urgent interim relief should be examined by the Court with the nature and subject matter of the suit, the cause of action and the prayer for interim relief. The facts and circumstances of the case have to be considered from the standpoint of the plaintiff, but, the trial Court failed to consider the fact from the standpoint of the plaintiff. Therefore, he had pleaded to set-aside the impugned order dtd. 5/2/2024 passed by the Commercial Court. To support his argument, the learned counsel relied upon the judgment of the Hon'ble Supreme Court in 2024 SCC online SC 1382 (Yamini Maohar /vs/ TKD Keerthi) .