N.MOHAN Vs. G.BALAMURUGAN

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dtd. 15/6/2024 made in I.A.No.03 of 2023 in C.O.S.No.01 of 2022 on the file of the learned Sub Court, Kovilpatti.

(2.) By the said order, the interlocutory application filed by the petitioner was dismissed. By the said interlocutory application, the petitioner has prayed for rejection of plaint under Order VII, Rule 11 of CPC. The contention of the petitioner was that when the suit is taken on file as a commercial suit, the petitioner had not resorted to the mandatory pre-litigation mediation under Sec. 12-A of the Commercial Courts Act, 2015 and as such, the trial Court has no other go than to reject the plaint for not resorting to pre-litigation mediation.

(3.) The trial Court considered the case of the parties and considered the fact that firstly, the suit was initially filed as a normal suit and thereafter, transferred to the file of the Commercial Court and the Commercial Court proceeded with the trial and the entire trial itself is now complete and further, considered that the suit was also filed along with an urgent relief of attachment before judgment and on those grounds rejected the application filed by the petitioner.